Source: All England Reporter
Publisher Citation: [2006] All ER (D) 45 (Oct)
Court: Court of Appeal, Criminal Division
Judge:

Sir Igor Judge P, Goldring and Henriques JJ

Representation Peter Birkett QC and Gerard Forlin (instructed by Corker Binning) for the offender.
  Jonathan Laidlaw (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 4 October 2006

Catchwords

Sentence - Suspended sentence - Suspended sentence only to be imposed in 'exceptional circumstances' - Gross negligence manslaughter - Health and safety at work offences - Offences committed in course of offender's business - Judge suspending sentence on basis of likely effect of imprisonment on offender's business and remaining employees - Whether exceptional circumstances - (Sentencing) Act 2000 s 118.

The Case

In cases such as the instant case, where the offender had pleaded guilty to gross negligence manslaughter and had been convicted of health and safety at work offences, the consideration that imprisonment might result in the collapse of the offender's business and the unemployment of his employees could not be treated as an exceptional circumstance for the purpose of determining whether the suspension of a sentence of imprisonment was justified.

Practice Areas

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