R v Southern Co-Operative Limited
Dominic Adamson acted for Southern Co-Operative Limited in a successful appeal against sentence to the Lewes Crown Court. The case arose out of an incident which resulted in an employee suffering a serious leg fracture. At first instance the Defendant was fined £334,000. This was reduced on appeal to £20,000 (i.e. a 94% reduction in the penalty. The Defendant company had a turnover in the region of £400m.
The appellate Court accepted that the correct characterization of the offence was that it was one of both low culpability and low likelihood of harm (the original decision had medium on both counts) and made a substantial reduction to the fine as a result.