Source: All England Reporter
Publisher Citation: [2012] All ER (D) 104 (Aug)
Neutral Citation: [2012] EWCA Crim 2215
Court: Court of Appeal, Criminal Division

Davis LJ, Treacy J and Judge Morris QC (judgment delivered extempore)

Representation Adrian Darbishire QC for the defendant.
  Richard Beynon (instructed by the Health and Safety Executives Legal Advisors Office) for the Crown
Judgment Dates: 14 August 2012


Sentence - Fine - Capacity to pay - Defendant company breaching health and safety laws - Sentencing judge imposing fine on defendant - Judge considering means of defendant to pay fine - Judge taking into account repayment by company of director's loan shortly before sentencing - Judge finding sum repaid falling within defendant's assets for assessment of means - Defendant appealing - Defendant submitting judge erring by treating director's loan differently from any other debt - Whether judge erring.

The Case

Sentence Fine. The Court of Appeal, Criminal Division, held that a sentencing judge had been entitled to take into account the repayment of a director's loan by the defendant company shortly before the judge had carried out an exercise of determining the defendant's means to pay a fine.

Practice Areas

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