Overstretched Public Sector At Risk On Sentence

In dismissing an appeal against sentence by a public sector body the Court of Appeal recently gave further insight into their view and application of the Definitive Guideline for sentencing Health and Safety matters (the "Guideline"). The case makes difficult reading for defendants considering challenging a sentence (especially those in the public and charitable sectors) and further reinforces for lawyers the Court's expected (unsympathetic) approach to such applications.

Facts

The Apellant was prosecuted when an employee suffered serious injuries whilst using a Stihl saw to cut overhead branches. The saw was designed solely for cutting kerbs and slabs and its manual expressly warned of the potentially fatal danger of using it to cut wood. There was also evidence that this had been done previously.