![PP Construction Safety logo and link to home page [1]](http://www.ppconstructionsafety.com/wp-content/themes/ppcs960/images/ppcslogo.jpg)
Scottish Court increases fine after Crown appeal
In April 2008 Munro & Sons (Highland) Ltd were fined £3750 following conviction for an offence under HSW Act 1974. The prosecution arose from an incident in which wheeled loader broke away from the vehicle on which it was placed and rolled into the path of a motor vehicle severely injuring a passenger.
In an unusual move the Crown appealed against sentence on the ground that it was unduly lenient. The Appeal Court considered the matter and held that the sentencing judge erred in approaching the question of the determination of the appropriate fine.
He should have taken into account the gravity of the offence, any aggravating or mitigating features, along with the ability of Munro to pay a fine. He should have borne in mind the policy underlying HSW Section and the need to punish culpable failure to pay due regard for safety and consequences of that failure. The Appeal Court accordingly quashed the fine imposed by the sentencing judge and substituted a fine of £30,000.