Anglian Water Services Ltd, R. v

Anglian Water Services Ltd, R. v

The fine of £200,000 was manifestly excessive for a single offence of this nature, given the limited duration and extent of the pollution, the company's prompt remedial action, and the context of its operations. The appropriate fine is £60,000, which is sufficient to mark the seriousness of the offence and deter future breaches without being disproportionate.

Parties
Prosecution: Regina; Appellant/defendant: Anglian Water Services Ltd; Interested Party: Environment Agency
Jurisdiction
England and Wales
Judgment Date
31 July 2003
Procedural Posture
Criminal Appeal / Appeal Against Sentence From Crown Court
Outcome
Appeal allowed; fine reduced
Legal Topics
Water Pollution, Sentencing, Strict Liability Offences, Corporate Liability
Environmental Law Criminal Law Water Pollution Sentencing Strict Liability Offences Corporate Liability

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Parties

Regina

Prosecution

Anglian Water Services Ltd

Appellant/defendant

Environment Agency

Interested Party

Procedural Posture

Criminal Appeal / Appeal Against Sentence From Crown Court

Legal Issues

  1. 1 Whether the fine of £200,000 imposed for causing sewage effluent discharge was manifestly excessive
  2. 2 Appropriate sentencing principles for strict liability environmental offences under section 85(3) Water Resources Act 1991

Ratio Decidendi

The fine of £200,000 was manifestly excessive for a single offence of this nature, given the limited duration and extent of the pollution, the company's prompt remedial action, and the context of its operations. The appropriate fine is £60,000, which is sufficient to mark the seriousness of the offence and deter future breaches without being disproportionate.

Court Disposition

Appeal allowed; fine reduced

Orders

  • Fine reduced from £200,000 to £60,000
  • Defendant's costs order granted in the appeal