Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

CORPORATE MANSLAUGHTER CASE SENTENCED

Fine in banana boat ride death case has few lessons for construction

Princes Sporting Club Limited has pleaded guilty (22 Nov) to Section 1(1) of the Corporate Manslaughter and Corporate Homicide Act 2007 following the death of an 11-year-old girl resulting from a water sports activity organised on 11 September 2010 in Bedfont, Middlesex.

Company director Frederick Glen Walker was cleared of any offences after the Crown Prosecution Service dropped charges against him.

Mari-Simon Cronje died during a birthday celebration when she fell from the banana boat into a lake. The boat driver had no UK-recognised qualification despite having five years’ experience as a ski-boat driver.

The court heard factors which contributed to the  death included: lack of an observer on the boat at the time of the incident; speed of the boat;  s ”unnecessary” turning at tight angles; and the colour of the equipment the children were wearing – making it difficult to spot them if they fell in the water.

Significant failings in the way water sports were organised

The company was ordered to pay a fine of £134,579.69.

Elizabeth Joslin of the Crown Prosecution Service Special Crime Division said:

“This is a tragic case in which 11-year-old Mari-Simon Cronje died during a birthday party at Princes Sporting Club Ltd. Today’s guilty plea to corporate manslaughter is an acknowledgement that there were significant failings in the way water sports were organised at this club.

This was a gross breach of the duty of care owed to Mari-Simon which could have been avoided by having a competent adult in the towing boat acting as an observer and we are pleased this company has been held criminally accountable for this significant failing.

We sincerely hope that the message of this case is clearly understood by all parts of the leisure industry offering similar rides. Our thoughts are with Mari-Simon’s parents and brother at this time.”

Comment

The fine is such cases is determined in accordance with The Sentencing Guidelines Council which anticipate a broad range of fines reflecting the range of seriousness involved and circumstances of the defendants.

Fines do not attempt to value a human life in money but are designed to punish the defendant and are therefore tailored not only to what it has done but also to its individual circumstances.

However, the Guidelines go on to say: Corporate Manslaughter  – an “appropriate fine will seldom be less than £500,000 and may be measured in millions of pounds.” Health and Safety – “the appropriate fine will seldom be less than £100,000 and may be measured in hundreds of thousands of pounds or more.

Latest Construction Health and Safety News

ROOF FALL CAUSES LIFE CHANGING INJURIES

Inadequate planning and absence of necessary equipment caused fall

Read the rest of this article »

Posted on 25th June 2017

LIFT PLANNING AND CONTROL FOUND WANTING

Female building worker struck by scaffold fittings tipped from stillage

Read the rest of this article »

Posted on 25th June 2017

FATALITY: CRANE COLLAPSE ON HOMES PROJECT

Two workmen die in crane collapse in Crewe

Read the rest of this article »

Posted on 23rd June 2017

BUILD UK EXPLAINS PROJECT H&S TRAINING STANDARD

UK contractors clarify skill cards needed on CDM 2015 projects

Read the rest of this article »

Posted on 21st June 2017

HSE ENFORCEMENT WEEKLY UPDATE 21 JUNE 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 21st June 2017

CIVILS FIRMS PAYS PRICE OVER PUBLIC DANGER

Fencing wire struck member of public relaxing in own garden

Read the rest of this article »

Posted on 20th June 2017

DELAYED RESCUE CONTRIBUTED TO DEATH AT HEIGHT

MEWP operator died trapped between controls and roof beam

Read the rest of this article »

Posted on 20th June 2017

CLIENT FINED UNDER CDM 2007 & CDM 2015

Construction work must be properly managed from outset

Read the rest of this article »

Posted on 19th June 2017

WORKMAN BURNED WHILST CUTTING LIVE CABLE

Firms to pay £500,000 over unsafe system for electrical work

Read the rest of this article »

Posted on 19th June 2017

WORKMAN CHEATS DEATH IN 8M ROOFLIGHT FALL

Steel fabricators fined over unsafe short-term roofwork

Read the rest of this article »

Posted on 19th June 2017

HOMES FIRM DIRECTOR CONVICTED OF MANSLAUGHTER

Excavation collapse dangers ignored by director and digger operator

Read the rest of this article »

Posted on 14th June 2017

HSE ENFORCEMENT WEEKLY UPDATE 14th JUNE 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 14th June 2017

BOSS AND FOREMAN CONVICTED OF MANSLAUGHTER

Safety standards allowed to fall despite HSE enforcement action

Read the rest of this article »

Posted on 10th June 2017

WORK AT HEIGHT ADVANCES HIGHLIGHTED AT EXPO

Access Industry Forum (AIF) puts height safety first at Expo 2017

Read the rest of this article »

Posted on 9th June 2017

PRICE OF NON-COMPLIANCE RISES STEADILY

Roofing company fined £80,000 for ignoring advice and HSE notice

Read the rest of this article »

Posted on 9th June 2017

MANUAL HANDLING OFFENCE FINED £67,000

Significant risk in handling excavator wheel not avoided or assessed

Read the rest of this article »

Posted on 8th June 2017

COMPANY RELIED UPON EXPERIENCED WORKERS

Lack of precautions to prevent fall through fragile rooflight

Read the rest of this article »

Posted on 7th June 2017

CLIENT FAILED TO APPOINT COMPETENT CONTRACTOR

Contractor receives prison term whilst CDM client fined £160,000

Read the rest of this article »

Posted on 7th June 2017

PUZZLES HELP DELIVER CITB AND NEBOSH COURSES

Innovative new tool available to support effective H&S training

Read the rest of this article »

Posted on 7th June 2017

NEW DUMPER TO IMPROVE SAFETY AND EFFICIENCY

Manufacturer promises greater visibility, stability and operator protection

Read the rest of this article »

Posted on 7th June 2017

HSE ENFORCEMENT WEEKLY UPDATE 7th JUNE 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 7th June 2017

NEW GUIDE ON GUILTY PLEA SENTENCING

Sentencing Council guidelines may assist corporate H&S offenders

Read the rest of this article »

Posted on 6th June 2017

MAJOR CONTRACTOR RESPONDS TO ‘BEARDS BAN’ BLAST

Union calls for dust elimination and consultation before imposing ban

Read the rest of this article »

Posted on 5th June 2017

CONSTRUCTION DEATHS TUMBLE IN 2016/17

Latest HSE latest records suggests substantial drop in worker fatalities

Read the rest of this article »

Posted on 5th June 2017

WRONGLY INSTALLED MACHINE SEVERED HAND

Manufacturer instructions not followed during saw installation

Read the rest of this article »

Posted on 2nd June 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access