Category Archives: Corporate manslaughter – health and safety

Unintentionally funding terror and the implications for professionals

Consider the following statements: It is wrong to fund terrorism. It is right to criminalise those who intentionally fund terrorism. It is right to expect citizens to take reasonable care to avoid unintentionally funding terrorism. It is right to criminalise those who carelessly albeit unintentionally fund terrorism. The first three will receive universal approval, but […]

Nick Barnard comments on the Health and Safety Sentencing Guidelines in Small Business

The Health and Safety Sentencing Guidelines came into force on 1st February 2016, and apply to all organisations and individuals sentenced after that date regardless of when the offence was committed. Much like all other sentencing guidelines prepared by the Sentencing Guidelines Council, these new guidelines mean that Judges sentencing health and safety breaches have […]

Nick Barnard interviewed in Lexis PSL regarding corporate manslaughter sentencing guidelines

Putting the corporate manslaughter sentencing guidelines to the test Corporate Crime analysis: Monavon Construction Ltd has become the first company to be sentenced for corporate manslaughter following the implementation of new sentencing guidelines in February 2016. Nick Barnard, associate at Corker Binning, assesses the significance of this case, and the differences in the approach to […]

Speculative prosecution undermines a tragedy

Why a criminal trial was not the right forum for this medical case in which prosecution was brought on insufficient evidence “Tragic case from which huge lessons must be learnt”, so tweeted Jeremy Hunt while linking to news reports of the trial of Dr Errol Cornish and Maidstone and Tunbridge Wells NHS Trust (www.thetimes.co.uk/tto/news/uk/article4677291.ece). The […]

Nick Barnard’s article on the first corporate manslaughter prosecution against the NHS published in The Times

Speculative prosecution undermines a tragedy Why a criminal trial was not the right forum for this medical case in which prosecution was brought on insufficient evidence “Tragic case from which huge lessons must be learnt”, so tweeted Jeremy Hunt while linking to news reports of the trial of Dr Errol Cornish and Maidstone and Tunbridge […]

Culpability and mitigation – sentencing in medical gross negligence manslaughter

What is the proper way to approach sentencing for an offence where the offender did not intend the consequences of his or her actions? Not only that, but that those consequences were not the foreseeable outcome of reckless conduct; rather, they were involuntary, unforeseen and in fact stemmed from an otherwise legal act. This is […]

Nick Barnard article re sentencing in medical gross negligence manslaughter featured in Criminal Law & Justice Weekly

Culpability and mitigation – sentencing in medical gross negligence manslaughter What is the proper way to approach sentencing for an offence where the offender did not intend the consequences of his or her actions? Not only that, but that those consequences were not the foreseeable outcome of reckless conduct; rather, they were involuntary, unforeseen and […]

Fines go off the scale for large corporate offenders

In R v Thames Water Utilities Ltd [2015] EWCA Crim 960 the Court of Appeal examined what should be done when a corporate offender’s turnover was so large that it fell outside the scale set down in the sentencing guidelines. This was the first environmental case of its kind to come to the Court of […]

Care Provider Offences

Sections 20 and 21 of the Criminal Justice and Courts Act 2015 were implemented in mid-April. Each creates a new criminal offence. These offences criminalise those they deem responsible for the ill-treatment or neglect of people who were meant to be receiving health or social care. The range of persons to whom these offences apply […]