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Director fined £4000 following acquittal for manslaughter



Malcolm Galloway and Lucy Wright instructed by Steven Harrison of DACBeachcroft, secured an exceptionally low fine for both the Director and Company for health and safety offending following a trial, at which the Director was also acquitted of gross negligence manslaughter.

At sentence, the trial Judge Mr Justice Morris, rejected the Prosecution’s submissions that this was a case of high culpability and high likelihood of harm and acceded to the submissions of both the Director and Company that the likelihood of harm was low, that culpability was medium and therefore was a harm category 2 case following the uplift to reflect the death.

A fine of £12,000 was imposed against the Company and a fine of £4000 against the Director.

In further refusing the Prosecution’s application for costs of circa. £145,000, Mr Justice Morris reduced the award of costs to £14,000 to reflect the acquittal on the manslaughter.

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Author


Andrew Rigney KC
Year of Call: 1992

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