Corporate Manslaughter – company awaiting sentencing

The Corporate Manslaughter and Corporate Homicide Act 2007 has been used in a recent case involving a Stonemasonry firm. Cavendish Masonry, a Bath based stonemasonry firm, is awaiting sentencing following being found guilty of corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007. A 23 year old worker (Mr David Evans) was crushed by a limestone block during a lifting operation in February 2010. Mr Evans was working as a stonemason’s mate on a project to build a large “rustic wall” as part of a redevelopment project in Wallingford. He sustained fatal injuries to his chest and abdomen when a two tonne block of limestone fell off its lintel after the site manager told a crane driver to slacken the ropes holding it in place. Mr Evans was rushed to the John Radcliffe Hospital by air ambulance but he died later the same day.

A joint investigation by Thames Valley Police and the HSE found serious failings in the planning and management of work at the site. Cavendish Masonry have previously pleaded guilty to breaching Section 2(1) of the Health and Safety at Work Act 1974 and they will be sentenced for both offences in July 2014.

Under the Corporate Manslaughter and Corporate Homicide Act 2007, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care. The offence is concerned with corporate liability and does not apply to directors or other individuals who have a senior role in the company or organisation. That said, existing health and safety offences and gross negligence manslaughter will continue to apply to individuals and so prosecutions against individuals will continue to be taken where there is sufficient evidence and it is in the public interest to do so.