R v McKenzie [2017]

Posted In: Case Law
  • Case Reference
    NICA 29
  • Legal Body
    NI Court of Appeal (NICA)
  • Type of Claim / Jurisdiction
    Health and Safety, Policies and Procedures
Issues covered: Health and Safety at Work (Northern Ireland) Order 1978; Management of Health and Safety at Work Regulations (Northern Ireland); Penalties; Criminal Offence

This case concerned a reference by the Director of Public Prosecutions of a sentence imposed by the Crown Court which, it was argued, was unduly lenient.

The respondent had been convicted of manslaughter, as well as a number of health and safety offences arising out of the construction of an agricultural shed. In short, no safety measures had been implemented and no discussion about safety with the workers (all of whom were Bulgarian nationals) took place. Evidence was also heard that no safety harnesses had been provided to other workers for the previous weeks of work. After a period of very heavy rainfall, sheeting on the shed roof became extremely slippy. Tragically, one worker died

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This article is correct at 08/06/2017

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John Taggart BL

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