Bodycote Hip, R v

Bodycote Hip, R v

The fine and costs imposed were not manifestly excessive or wrong in principle given the systemic failures, aggravating features, and absence of evidence as to inability to pay; the Recorder properly applied the relevant principles and guidelines.

Parties
Prosecutor: Regina; Appellant: Bodycote HIP
Jurisdiction
England and Wales
Judgment Date
30 March 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Corporate Liability, Sentencing, Health and Safety Offences Causing Death, Costs Orders
Criminal Law Health and Safety Law Corporate Liability Sentencing Health and Safety Offences Causing Death Costs Orders

Case Brief

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Parties

Regina

Prosecutor

Bodycote HIP

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the fine imposed was manifestly excessive
  2. 2 Whether sufficient reduction was made for mitigating features
  3. 3 Whether the Recorder erred in failing to consider the level of costs when fixing the fine

Ratio Decidendi

The fine and costs imposed were not manifestly excessive or wrong in principle given the systemic failures, aggravating features, and absence of evidence as to inability to pay; the Recorder properly applied the relevant principles and guidelines.

Court Disposition

Appeal dismissed

Orders

  • Fine of £533,000 upheld
  • Order to pay prosecution costs of £200,000 upheld