A child had been injured when a load fell from a fork lift truck. It was said not to have been secured as required by Health and Safety Regulations. The company was to be prosecuted. The prosecutor appealed a preliminary ruling that in order to establish guilt as against an officer of the company, they had to show that the officer knew of the breach.
Held: The appeal succeeded. The prosecutor could rely on actual knowledge or on the company officer having been put on enquiry as to the breach. Any ruling should only have been made after the prosecutor had completed his evidence. The case was remitted.
Judges:
Latham LJ, Pitchford J, Royce J
Citations:
Times 13-Aug-2007, [2007] EWCA Crim 1937, [2008] ICR 96
Links:
Citing:
Cited – Wotherspoon v HM Advocate 1978
The Lord Justice General set out the requirements to establish an offence under section 37(4) of the Act. Where the officer of the company had no actual knowledge of the breach of the regulations, the question was whether he should have been put on . .
Cited by:
Cited – Chargot Limited (T/A Contract Services) and Others, Regina v HL 10-Dec-2008
The victim died on a farm when his dumper truck overturned burying him in its load.
Held: The prosecutor needed to establish a prima facie case that the results required by the Act had not been achieved. He need only establish that a risk of . .
Lists of cited by and citing cases may be incomplete.
Health and Safety, Crime
Updated: 11 July 2022; Ref: scu.258850
