R v Gallaher (JTI) Ltd

[1]������� The defendant Company has pleaded guilty to two counts under the Health & Safety at Work (Northern Ireland) Order 1978.�� The counts relate to an incident that occurred on the 25 th July 2011 at the defendant’s factory premises at Lisnafillan, Glengormley.� As a result of the failures of the Company to which I will turn in a moment, Mr Trevor Allen, then aged 63, and a long serving employee of the Company tragically lost his life.

[2]������� Counsel for the Prosecution and Defence have agreed a factual basis on which the plea has been entered, and this is appended to my sentencing remarks.�� The Court is grateful to them.� The background to the operation and incident are recorded in paragraphs 5 to 15 inclusive.���

[3]������� The objective of prosecutions for offences relating to health and safety in the workplace is to achieve a safe environment for those who work there, and for other members of the public who may be affected.� The obligation of all employers is to ensure so far as is reasonably practicable such a safe environment.� It is an obligation that is the same no matter the size of the business.� But yet again the court is faced with an incident where common sense would have shown that basic and obvious steps would have prevented this tragedy.

[4]������� And the consequences in this case are all too tragic. �I have read the eloquent and moving letter from Mr Robin Allen, the son of the deceased, expressing the impact of his death on the family.� The letter express the dreadful loss which the immediate family and the extended family circle have experienced, and continue to experience, as a result of the death of Mr Allen.

����������������������� “ Seriousness should ordinarily be assessed first by asking :