Criminal Regulatory & Environmental
Gross Negligence Manslaughter, Health & Safety and Environmental
Sandesh represents individuals and companies in cases concerning deaths and serious injuries in the workplace.
He has considerable experience of defending in cases of gross negligence manslaughter. He was junior counsel for Honey Rose, the optometrist whose conviction for manslaughter was quashed by the Court of Appeal in July 2017. Now one of the leading cases in the area, the Court of Appeal clarified the law in respect of reasonable foreseeability and ruled that the defence submission of no case to answer made to the trial judge ought to have been allowed.
Recent health and safety cases include:
- Defending a site foreman charged, alongside his employer, with gross negligence manslaughter and an offence contrary to s7 HSWA 1974 following the death of a carpenter who was working at height during the conversion of stable blocks at Stanmer House in Sussex.
- Acting for William Hill in relation to a prosecution brought by LB Camden. The case concerned a fatal accident in which a large metal advertising sign fell from above the branch of William Hill on Camden Road in North London and, struck a member of the public (Led by John Cooper QC).
- Representing Priory Healthcare in relation to a prosecution brought by the HSE following the death of Amy El-Keria at the Priory Hospital Ticehurst House. (Led by John Cooper QC).
Sandesh also has experience of defending in cases concerning the environment and wildlife.
Driving Offences
Sandesh is regularly instructed to represent individuals and companies charged with driving offences. He often acts where there are concurrent ‘high value’ civil proceedings. For example, he recently secured the acquittal of a driver charged with careless driving arising out of an incident in which his car collided with a pedestrian causing a life changing brain injury. He has also acted in high profile road traffic matters, such as defending (led by QC and junior) a group of Addison Lee drivers who were prosecuted for driving in the M4 bus lane. The defence to be advanced was that the delegated legislation creating the criminal offence in question unjustifiably discriminated against private hire vehicles and was thus unlawful. Following service of the defence case the Crown withdrew all 130 summonses.
Selected Cases
Health and Safety Cases
- LB Camden v William Hill Organisation Ltd – Successfully defend William Hill in relation to a fatal accident in which a large metal advertising sign fell from above the William Hill bookmakers on Camden Road in North London and, struck a member of the public. After a 6 week trial and 8 days of jury deliberation the company was found not guilty of two health and safety offences (led by John Cooper QC https://www.dailymail.co.uk/news/article-6358319/William-Hill-cleared-health-safety-offences-440lb-sign-killed-lawyer.html
- R (HSE) v Priory Healthcare Ltd. – Represented Priory Healthcare Ltd. in relation to a prosecution brought by the HSE following the death of Amy El-Keria at the Priory Hospital Ticehurst House. A guilty plea was entered but it was disputed that the offence was a significant cause of Amy’s tragic death. Dingemans J found that causation had not been established and fined the company £300,000 (Led by John Cooper QC) https://www.telegraph.co.uk/news/2019/04/17/priory-group-fined-300000-judge-death-teenage-girl-psychiatric
- R (HSE) v R Ltd – Representing a company charged with health and safety offences relating to explosion which occurred when oxy-acetylene cutting equipment was being used to cut an oil drum, resulting in serious injuries.
- R (HSE) v S Ltd – Representing a roofing company and director charged with health and safety offences following a fatal fall from height.
- R(HSE) v B Ltd – Represented a manufacturing company charged with health and safety offences following a series of accidents in which three workers were injured by falling metal fencing panels.
- R(HSE) v K2 Ltd – Represented a manufacturing company charged with health and safety offences arising out of an accident in which an employee was crushed by falling metal sheets, suffering two broken legs.
- R(HSE) v AA & Another – Represented individuals charged with health and safety offences following the collapse of a concrete pumping lorry, as a result of which a worker sustained serious head injuries.
- R(HSE) v E Ltd – Represented a company charged with offences concerning a fall from height on farm premises, resulting in life-changing injuries.
- R(HSE) v H Ltd – Represented a company charged with asbestos related offences.
Gross Negligence Manslaughter
- R v Oakes & Another – Represented a site foreman charged with gross negligence manslaughter and a health and safety offence following the death of a carpenter who fell from height during the conversion of stable blocks at Stanmer Park in Sussex. The case involved complex issues of causation. (Led junior).
- R v Honey Rose – Represented an optometrist charged with gross negligence manslaughter following the death of a child. This was a complex and high profile case involving the first prosecution of an optometrist for manslaughter. The defendant was convicted following a trial before Stuart-Smith J and a jury. The conviction was overturned by the Court of Appeal on 31 July 2017 on the basis that the submission of no case to answer made to the trial judge ought to have been allowed ([2017] EWCA Crim 1618). (Led by QC at trial and on appeal).
- R v Dr Lyndsey Thomas & Another – Represented a GP charged with gross negligence manslaughter arising out of an alleged failure to visit a child who was suffering from a rare endocrine disorder. Nicola Davies J upheld a submission of no case to answer. The Court of Appeal’s judgment in relation to the prosecution’s interlocutory appeal in the co-defendant’s case is reported (R v Rudling [2016] EWCA Crim 741). (Led by QC).
Environmental Cases
- R (Natural England) v Benham-Crosswell – Represented a retired army colonel charged with destruction of great crested newt habitat. It was alleged that, amongst other things, he had deliberately and for financial gain drained a number of inter-connecting ponds which were known to be a great crested newt breeding ground in order to obtain materials to run his brickworks.
- Environment Agency v Starbuck – Represented a haulier charged with unlawfully depositing controlled waste on a number of occasions as part of a commercial fly-tipping operation around the M25 in Kent. Twelve defendants.
- Environment Agency v Lee & RBPC Ltd – Represented a company director charged with unlawfully depositing approximately 5000 cubic meters of controlled waste on land in Berkshire. (Sole counsel).
- Environment Agency v Ivor Recycling Ltd – Represented a company charged with multiple breaches in respect of two waste transfer stations in West London.
Awards
Professional Discipline Junior of the year (Chambers & Partners Bar Awards 2018)
News
Qualifications
- LLB (Hons), University of Bristol
- BVC, College of Law, London
Memberships
- ARDL
- HSLA
Recommendations
“An effective advocate who prepares very thoroughly and rolls up his sleeves to get on top of the issues in even the most technical of cases.”
(2018)
“He has a great eye and mind for detail.”
(2018)
“An effective advocate even when pitched against silks and senior juniors twice his call.”
(2018)
“Incredibly user-friendly and well prepared.”
(2017)
“An extremely impressive individual. Thorough is an understatement. He is bright, super-knowledgeable, measured, reasonable and easy to deal with.”
(2017)
“A detail-oriented man with strong advocacy skills.”
(2017)
“Hard-working and conscientious…His level of preparation means that he is a match for any opponent.”
(2016)
“Meticulous in his attention to detail and will leave no stone unturned.”
(2015)
“Phenomenally bright.”
(2015)