Cemex Cement Ltd, R v [2007] EWCA Crim 1759 (18 July 2007)

The fine of £400,000 was disproportionate to the gravity of the breach, absence of actual harm, and presence of all mitigating factors; a fine of £50,000 was appropriate in the circumstances.

Citation: [2007] EWCA Crim 1759
Parties: Prosecution: R (Crown); Appellant/defendant: Cemex Cement Limited
Jurisdiction: England and Wales
Judgment Date: 18 July 2007
Procedural Posture: Criminal Appeal / Appeal Against Sentence From Crown Court
Outcome: appeal allowed; sentence varied
Legal Topics: Pollution Control, Sentencing, Corporate Liability, Strict Liability Offences

Criminal Law Environmental Law Pollution Control Sentencing Corporate Liability Strict Liability Offences

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Parties

R (Crown)

Prosecution

Cemex Cement Limited

Appellant/defendant

Procedural Posture

Criminal Appeal / Appeal Against Sentence From Crown Court

Legal Issues

1 Whether the sentence imposed for breach of environmental permit was wrong in principle or manifestly excessive
2 Whether the Recorder misinterpreted evidence regarding dust emissions and health risk
3 Whether the fine was proportionate given aggravating and mitigating factors

Ratio Decidendi

The fine of £400,000 was disproportionate to the gravity of the breach, absence of actual harm, and presence of all mitigating factors; a fine of £50,000 was appropriate in the circumstances.

Court Disposition

appeal allowed; sentence varied

Orders

Fine of £400,000 quashed and substituted with a fine of £50,000
Order to pay prosecution costs of £12,429.14 remains