A builder from Portadown in Northern Ireland has had his sentence increased at the Court of Appeal, in relation to health and safety failings that led to the death of his employee Mr Petyo Hristanov on 20 January 2015. Another worker was also injured in the incident.
The Director of Public Prosecutions for Northern Ireland considered the earlier sentence of builder Norman McKenzie on 10 March 2017 to be unduly lenient and referred the case to the Court of Appeal for review of the sentence.
The DPP presented the case to the Court of Appeal, on the grounds that the sentence handed down fell outside the range of sentences which the judge, applying all relevant factors, should reasonably have considered appropriate.
The Court of Appeal subsequently issued its judgement on 18 May 2017, giving Mr McKenzie a 24-month custodial sentence on the count of manslaughter. Mr McKenzie will serve 12 months in prison and 12 months on licence. In addition, the Court imposed sentences of six months imprisonment on each of the counts relating to health and safety offences to run concurrently with the twenty four months imposed on the count of manslaughter. The fines previously imposed were removed.
HSENI, who led the investigation along with PSNI, welcomed the decision. HSENI stressed that the custodial sentence highlights the vital importance of managing health and safety properly and the very tragic and serious consequences of safety failings.
Lord Justice Gillen’s commented:
“The law moves on, the need to protect workmen is now more obvious to us all”.
The case relates to the building of a 3-bay farm shed and brings into clear focus important issues for those who work in both the farming and construction industries, warns HSENI. Any farmer who engages the services of a builder must ensure this work is carried out safely and to proper health and safety guidelines. A builder must assess the risks associated with the job and put preventative measures in place. As this case highlights, failure to do so can result in a needless loss of life and strict sentences.
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This is an important case. The Court of Appeal have clarified some significant points: (1) the starting punishment for gross negligence manslaughter is 4 years imprisonment; (2) exceptional circumstances are required before such a custodial sentence is suspended; and (3) in appropriate cases, it is important to prosecute individuals and not just companies.