Cemex Cement Ltd, R v

Cemex Cement Ltd, R v

The original fine of £400,000 was disproportionate given the absence of actual harm, deliberate breach, or aggravating features, and the presence of all mitigating factors. A fine of £50,000 is appropriate.

Parties
Appellant: R; Respondent: Cemex Cement Limited
Jurisdiction
England and Wales
Judgment Date
18 July 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Pollution Control, Sentencing, Corporate Liability
Environmental Law Criminal Law Pollution Control Sentencing Corporate Liability

Case Brief

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Parties

R

Appellant

Cemex Cement Limited

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for breach of Pollution Prevention Control Regulations 2000 was wrong in principle or manifestly excessive.

Ratio Decidendi

The original fine of £400,000 was disproportionate given the absence of actual harm, deliberate breach, or aggravating features, and the presence of all mitigating factors. A fine of £50,000 is appropriate.

Court Disposition

appeal allowed

Orders

  • Fine of £400,000 quashed and substituted with a fine of £50,000.