R v Gallaher (JTI) Ltd [2012] NICC 32 (26 October 2012)

R v Gallaher (JTI) Ltd [2012] NICC 32 (26 October 2012)

The defendant company's failure to conduct a written risk assessment and provide a safe system of work directly caused the fatal accident. The breaches were extremely serious, planned, and avoidable, placing the case at the upper end of culpability. Mitigating factors included prompt acceptance of responsibility,...

Source-derived case information.

Citation
[2012] NICC 32
Parties
Defendant: Gallaher (JTI) Ltd; Prosecution: Public Prosecution Service
Jurisdiction
Northern Ireland
Judgment Date
26 October 2012
Procedural Posture
Criminal / Sentencing
Outcome
conviction and sentence
Legal Topics
Workplace Safety, Corporate Liability, Sentencing Guidelines, Fatal Workplace Accident
Criminal Law Health and Safety Law Workplace Safety Corporate Liability Sentencing Guidelines Fatal Workplace Accident

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Parties

Gallaher (JTI) Ltd

Defendant

Public Prosecution Service

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Breach of Health & Safety at Work (Northern Ireland) Order 1978 resulting in fatality
  2. 2 Failure to conduct written risk assessment and provide safe system of work

Ratio Decidendi

The defendant company's failure to conduct a written risk assessment and provide a safe system of work directly caused the fatal accident. The breaches were extremely serious, planned, and avoidable, placing the case at the upper end of culpability. Mitigating factors included prompt acceptance of responsibility, cooperation, remedial actions, and a good safety record.

Court Disposition

conviction and sentence

Orders

  • Defendant fined £75,000 on each count, total £150,000.
  • Defendant to pay prosecution costs to be advised.