A case note on corporate manslaughter
R. v. McKenzie [2017] NICA 29
The Court of Appeal recently considered the appropriate sentence to be imposed in a case of gross negligence manslaughter.
By way of background, the Respondent was engaged by a co-accused to carry out some work in relation to the construction of an agricultural shed near Lurgan. He assigned three members of staff to affix metal sheeting to the roof of the shed. No safety equipment was provided. There was a torrential downpour during which two of the workers fell from the roof - one of whom sustained fatal injuries.
The Respondent eventually pleaded guilty before Craigavon Crown Court and a suspended sentence was imposed.
The Director of Public Prosecutions, Barra McGrory QC, referred the matter to the Court of Appeal on the grounds that the sentence was unduly lenient.
Delivering the judgement of the Court, Lord Justice Gillen stated that "deterrence is necessary to prevent others behaving in this way and to bring to the attention of the construction industry generally the consequences of failure to ensure the safety of workmen.” A two year custodial sentence was substituted.
This case serves to highlight the grave consequences that can arise from any failure to adhere to health and safety standards.
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