AG -v- SGB (Channel Islands) Ltd [2005] JRC 146 (21 October 2005)

AG -v- SGB (Channel Islands) Ltd [2005] JRC 146 (21 October 2005)

The company failed to implement a safe system of work for moving the lift, which directly led to a fatal accident. Despite a good safety record and lack of wilful default, the breach was serious and warranted a fine reflecting the company's turnover.

Citation
[2005] JRC 146
Parties
Prosecution: The Crown; Defendant: The Company
Jurisdiction
Jersey
Judgment Date
21 October 2005
Procedural Posture
Criminal / Sentencing
Outcome
fine confirmed
Legal Topics
Workplace Accident, Corporate Liability, Sentencing, Health and Safety Breach
Criminal Law Health and Safety Law Workplace Accident Corporate Liability Sentencing Health and Safety Breach

Case Brief

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Parties

The Crown

Prosecution

The Company

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the company's system of work was unsafe and led to the fatal accident
  2. 2 Appropriate level of fine for the breach of health and safety standards

Ratio Decidendi

The company failed to implement a safe system of work for moving the lift, which directly led to a fatal accident. Despite a good safety record and lack of wilful default, the breach was serious and warranted a fine reflecting the company's turnover.

Court Disposition

fine confirmed

Orders

  • Fine of £50,000 imposed on the company
  • Prosecution costs of £3,000 ordered