Lee Hughes, instructed by Hannah Betton of DWF, represented a farmer in a prosecution brought by the Health and Safety Executive. The farmer pleaded guilty to a single offence contrary to the Health and Safety at Work etc. Act after his nephew, a four-year-old, fell from a tractor being driven by the farmer and sadly died.
The Court, following the Health and Safety Sentencing Guideline, determined that a custodial sentence was the appropriate starting point. Lee successfully argued that owing to the unique circumstances of the tragedy and the exemplary character of the farmer, the sentence of imprisonment should be suspended.
The farmer was sentenced to 26 weeks’ imprisonment, suspended for 18 months, and ordered to complete 250 hours’ unpaid work.
The hearing has been widely reported:
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