Fifth Conviction for Corporate Manslaughter – and First Publicity Order

Previous briefings have commented on earlier convictions under the Corporate Manslaughter & Corporate Homicide Act 2007. To date, there have been none in the healthcare sector although there have been many reports of prosecutors considering this.

The latest conviction related to a water sports company.

Facts

A water sports company pleaded guilty to breaching Section 1(1) of the Act following the death of an 11 year old girl in Middlesex. She had fallen off a boat but this was not seen by the boat driver. Although an adult and several children tried to draw the driver’s attention to the fall, he did not see the girl and she was killed when the boat ran over her.

Penalty

The company running the water sports is no longer trading and was ordered to pay what the Judge said was “every penny that it has”. The fine was £134,579.69.

In addition, the Judge made a Publicity Order specifying the fact of the conviction, the particulars of the offence and the fine.

It is worth noting that the Judge commented that if the company had been trading, he would have imposed a fine so high so as to put the company out of business.

Andrew Parsons
e: andrew.parsons@rlb-law.com
t: 020 7227 7282

March 2014


Disclaimer

This briefing is for guidance purposes only. RadcliffesLeBrasseur accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.