Envex Company Limited - Managing Director Gets 15 Months

The defendant was the managing director of a stone masonry business who had a direct management style and was heavily involved at the shop floor.

One of his employees was fatally injured when his head became trapped in one of the stone cutting machines. Safety features which would have prevented the accident were disabled when the CNC machine was installed several years previously.

The defendant pleaded guilty to gross negligence manslaughter. The sentencing judge concluded that the company would almost certainly fail if the defendant received a prison term of imprisonment. Given the effect that would have on the livelihood of its employees, there were exceptional circumstances which justified a suspended sentence. The defendant was sentenced to a term of two years' imprisonment, suspended for two years.

The Attorney General referred the sentence to the Court of Appeal on the ground that it appeared that the sentence was unduly lenient.

The Court of Appeal granted the application and imposed an immediate term of imprisonment of 15 months and a fine of £10,000.

The Court held that in some cases it would be relevant for a sentencing court to take account of the consequences of imprisonment on a business run by a defendant. However, since removing a senior manager from a small business would almost certainly seriously damage the business and risk putting innocent people out of work, that idea would produce a suspended sentence in every case. There would be no incentive for employers to see that health and safety requirements were complied with, so far as reasonably practicable.

Their Lordships took the view that if immediate imprisonment could result in the collapse of a business and unemployment for its employees, it should not normally be treated as an exceptional circumstance by sentencing courts.

The Court of Appeal found that the crime arose directly from the defendant's misconduct of his business with disastrous results to an employee. In the circumstances, it was not appropriate to suspend the sentence and the sentence was unduly lenient.

Related stories:
	Download our brochure
	Harsher treatment for drivers using mobiles
	New construction safety regulations
	Bird disease strikes in DIY store
	Startling noise leads to injury payout
	Penalty for no insurance
	YMCA fail in risk assessment duty
	Directors must lead the way on health and safety
	Making the most of the internet
	Smoke-free (Signs) Regulations 2007
	Workplace temperature
	Safe us of ladders
	Free HSE event in London
	Hospital fined for asbestos risk to staff
	VDU risk assesssment and training - why is it important?
	Health & Safety Advice on Tap
	HSE issues asbestos reminder
	The new Corporate Manslaughter Bill has finally entered the stat