R (Health and Safety Executive) v Thelwall

Sentence – Custodial sentence. The Court of Appeal, Criminal Division, dismissed the defendant's appeal against his sentence of 12 months' imprisonment, for an offence of, whilst the director of a company, conniving at the breach by the company of its duties under s 2(1) of the Health and Safety at Work etc Act 1974, contrary to s 37 of that Act. In the circumstances, no proper criticism could be made of the basis upon which the judge had approached the case, or any basis for the contention that the sentence passed had been manifestly excessive. Further, in relation to cases of the present kind, Lord Thomas CJ made observations regarding: (i) the citation of similar cases; (ii) the nature of health and safety cases as ordinary criminal cases; and (iii) the costs involved in such cases.

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