Sentencing alert – time to sit up and take note

The case of R v Edeco Petroleum Services Ltd serves as a warning that a casual approach to health and safety will cost companies money. The judge imposed a fine intended to damage the reputation and management of the company without financially destroying it and jeopardising employees' jobs. He also took the unusual step of ensuring that the fine represented an estimate of projected profits for the current financial year.

Also on the sentencing front, the first revised sentencing guidelines in four years were implemented on 4 August 2008. The Magistrates' Court Sentencing Guidelines cover a greater number of offences and provide more detailed and clear advice on a range of issues. They set out clearly the aggravating and mitigating features the court should consider.

Time to sit up and take note.

Wragge & Co's experts provide an analysis.