Mark Balysz has secured a non-custodial sentence for a company director originally charged with gross negligence manslaughter
On Friday 27 November 2020, the director was sentenced to 40 weeks imprisonment, suspended for 12 months, with a curfew condition of 20 weeks, having pleaded guilty to s.37 HSWA (count 3). His company was fined £130,000 for s.2 HSWA (count 2). The prosecution was consequent upon the death of an employee in 2015, who fell from height whilst undertaking roofing works. The Court found that the director’s culpability was medium, notwithstanding prosecution submissions on very high culpability. Harm category 1 was agreed. Count 1, manslaughter, was left to lie on the file.
Mark Balysz was instructed by Nick Gianferrari at BLM.