John Pointon & Sons, R v

John Pointon & Sons, R v

The Court held that the total fine imposed was manifestly excessive, particularly the fine for count 2, and that count 6 was subsumed into count 3. The fines were reduced to reflect culpability and mitigation, resulting in a total fine of £460,000.

Source-derived case information.

Parties
Appellant: John Pointon & Sons Ltd; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
21 February 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
Appeal allowed in part; fines reduced.
Legal Topics
Corporate Liability, Workplace Safety, Sentencing, Mitigation, Confined Spaces
Criminal Law Health and Safety Law Corporate Liability Workplace Safety Sentencing Mitigation Confined Spaces

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Pointon & Sons Ltd

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the fines imposed for health and safety breaches were manifestly excessive
  2. 2 Whether separate penalties should have been imposed for each count
  3. 3 Appropriateness of costs order

Ratio Decidendi

The Court held that the total fine imposed was manifestly excessive, particularly the fine for count 2, and that count 6 was subsumed into count 3. The fines were reduced to reflect culpability and mitigation, resulting in a total fine of £460,000.

Court Disposition

Appeal allowed in part; fines reduced.

Orders

  • Fine for count 2 quashed and substituted with £360,000.
  • Fine for count 6 quashed.