Laurence Harris Secures Suspended Sentence in Health and Safety Executive Prosecution

The Defendant was a sole trader retained to construct a dormer extension to a residential property. In the preliminary stages of work, a gable wall collapsed inward due to insufficient propping. The collapse caused life-changing injuries to two site workers and over £250,000 of damage. 

The Defendant pleaded guilty to one count of failing to take all reasonable steps to prevent harm, contrary to s.33(1)(c)of the Health and Safety at Work etc. Act 1974. 

Laurence advanced written and oral submissions in mitigation, supported by a package of medical evidence and character references. 

The sentencing Judge placed the offending in the highest category of harm, namely where there is a high risk of death or injury requiring lifelong dependency on third party care for basic needs. However, the Judge found that the mitigating factors narrowly outweighed the seriousness of the offending, and imposed a sentence of 13 months suspended for 2 years. The judge also refused to grant any of the HSE’s £20,000 costs. 

Laurence was instructed by Paul Turnbull of MMA Solicitors. Expert assistance was provided by Dr Andrew Billingham.