Thames Water Utilities Ltd, R v

Thames Water Utilities Ltd, R v

The Recorder was entitled to find that Thames Water's culpability was negligence, including failure to replace pumps and respond to alarms, and to sentence on that basis. The application to admit fresh evidence was refused because the issues should have been raised at first instance. The fine imposed was lenient but not interfered with on appeal. Sentencing very large organisations requires a focus on the seriousness of the offence and the need for a proportionate penalty with real economic impact, not a mechanistic application of guideline ranges.

Parties
Prosecutor: Regina; Appellant: Thames Water Utilities Ltd
Jurisdiction
England and Wales
Judgment Date
03 June 2015
Procedural Posture
Criminal Appeal / Appeal Against Sentence (amount of Fine) From Crown Court
Outcome
Appeal dismissed
Legal Topics
Environmental Pollution, Sentencing of Corporate Offenders, Admission of Fresh Evidence, Fines for Very Large Organisations
Criminal Law Environmental Law Environmental Pollution Sentencing of Corporate Offenders Admission of Fresh Evidence Fines for Very Large Organisations

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Parties

Regina

Prosecutor

Thames Water Utilities Ltd

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (amount of Fine) From Crown Court

Legal Issues

  1. 1 Whether the Recorder was entitled to conclude that Thames Water's culpability was negligence and that the pumps should have been replaced before the incident
  2. 2 Whether fresh evidence should be admitted on appeal to challenge the factual findings at sentencing
  3. 3 What is the correct approach to sentencing very large commercial organisations for environmental offences

Ratio Decidendi

The Recorder was entitled to find that Thames Water's culpability was negligence, including failure to replace pumps and respond to alarms, and to sentence on that basis. The application to admit fresh evidence was refused because the issues should have been raised at first instance. The fine imposed was lenient but not interfered with on appeal. Sentencing very large organisations requires a focus on the seriousness of the offence and the need for a proportionate penalty with real economic impact, not a mechanistic application of guideline ranges.

Court Disposition

Appeal dismissed

Orders

  • Application to admit fresh evidence refused
  • Fine of £250,000 plus victim surcharge and costs upheld