Sentencing Trends For Health And Safety Offences

BACKGROUND

Over the period of 2011- 2013 there were 80 prosecutions for health and safety offences: 26 summary and 54 on indictment. The sentences resulted in total fines of €3,380,900. The number of prosecutions over this period has fluctuated but the overall level of fines is on the increase.

Contrary to fears that section 80 prosecutions against managers and directors would become a regular feature of the HSA prosecutorial landscape, the figures show that there have only been four such prosecutions since the Clare County Council case in 2010.

CONSISTENCY IN SENTENCING?

There is an apparent lack of consistency in the sentences imposed and fines have varied widely. This may be due to a number of factors, including judicial discretion and the difficulty encountered by judges in determining the appropriate levels of fines to impose which, on the one hand, should be large enough to punish but not so large as to threaten the financial viability of the company.

The factors to be considered by a court when assessing the level of fine were set out in the DPP v John Bennett & Co Limited and Eamonn McSweeney1. The Court of Criminal Appeal in this case refused the DPP's application for a review of the sentence imposed on the basis that it was too lenient. Macken J, in refusing the application stated:

"... the first point is to consider whether or not the company was in a position to pay the fines... The second matter is to have regard to whether there is a norm that can be considered and against which fines actually imposed can be measured as being unduly lenient. ....it is extremely difficult, and understandably so in the context of charges of this nature, to find what might be considered an appropriate norm, and therefore the Court should be looking at the fundamental principles to be applied having regard to all of the factors".

The Court also noted that the sentencing judge was entitled to take into account not only the fact that such an accident happened and the consequences for the victim, but also an early plea, the remorse shown by the accused, the assistance given in terms of the investigation and the remedial steps taken by both the company and the individual to correct the issues giving rise to the accident.

SENTENCING PRINCIPLES

The system of sentencing in Ireland is one in which judges exercise a relatively broad discretion and compared with other Western countries, Ireland retains a largely unstructured sentencing system. Maximum...