Unduly lenient sentence for gross negligence

R v Shaw, CA (Crim Div), 4 October 2006

Counsel: For the Attorney-General: J Laidlaw For the defendant: P V Birkett QC, G Forlin

The Attorney-General referred a suspended sentence of two years’ imprisonment imposed on the defendant, S, as unduly lenient, to the Court of Appeal. S had pleaded guilty to manslaughter on the ground of gross negligence. He was the founder and managing director of a company making kitchen and bathroom work surfaces, and the deceased, V, had suffered catastrophic head injuries when operating a large stone cutting machine. Investigations revealed that three safety devices on the machine had been disabled by engineers from the machine provider when it was installed, with the result that V was able to enter the machine’s danger zone. A health and safety inspector gave evidence that S had been informed of the need to reinstate the devices but he had failed to do so. Further evidence was given to the effect that the disabling of safety systems was common in companies using machinery of the kind used by V, as the devices slowed down production, causing major interruptions if a large cutting was involved.