25th February, 2021

Nicholas Clarke KC and Alison Heyworth secure convictions in a Gross Negligence Manslaughter case

The 2 defendants were convicted after a 4-week trial at the Lowry Theatre, sitting as a “Nightingale Court”.

The prosecution arose from Health and Safety breaches -represented by separate counts on the indictment- by the defendants who were the landlord and shop owner at a former public house in Rochdale. When the electric supply to the ground-floor shop was cut off due to the bypassing of the electricity and the potentially fatal condition of the supply to the premises, the pair hired a petrol generator which they ran in a poorly-ventilated back storeroom. The tenant of the flat directly above died from carbon monoxide poisoning.

The defendants were both convicted of all counts against them on the indictment, including offences contrary to Sections 2 and 3 of the Health and Safety at Work Act 1994.

The shop owner was sentenced to 8 years imprisonment and the Landlord received a total of 9 years.



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