Zoe, instructed by McHale & Co, represented a company who entered a guilty plea to 1 charge of failing to protect the health and safety of employees contrary to s.2 Health and Safety at Work Act. The case concerned failures by the defendant company to adequately protect an employee against the risk of contracting Silicosis - a respiratory disease affecting the lungs as a result of exposure to dust. Zoe referred to medical evidence in mitigation, showing that whilst Silicosis had been diagnosed, the complainant was currently a-symptomatic and the risk of progression of the disease was low. The Court accepted that whilst a move upwards in the range was necessary to reflect actual harm caused, the percentage risk of progression was relevant to the degree of uplift required.
Once mitigation was accounted for, the Defendant company received a sentence below the range provided for in the guidelines.