Jersey Unreported Judgments

Inferior Number Sentencing - contravention of the Health and Safety at Work (Jersey) Law 1989, as amended.

[2012]JRC073

Royal Court

(Samedi)

30 March 2012

The Attorney General

-v-

Connex Transport Jersey Limited

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

Plea: Guilty.

Details of Offence:

Connex occupied premises at La Collette by virtue of an agreement with the States of Jersey which imposed full repairing, maintenance and insuring obligations upon Connex.  It used the premises as a bus depot where buses were parked, washed and/or repaired at night.  At 22:00 on 25^th November, 2010, a bus driver employed by Connex arrived at the bus depot for the night shift.  He parked his car in an authorised area and walked across the bus depot to collect a bus parked at the back of the depot which he was to take out in accordance with his roster.  Whilst crossing the depot, he was struck by a bus being driven by another Connex employee and suffered grievous injury.  The doctor reported that it was not anticipated the injured employee would recover and at date of sentencing he was said to be in a persistent vegetative state.  Connex had not carried out a risk assessment in respect of risks to which its bus drivers on the night shift at the depot might be exposed; it had therefore failed to make adequate arrangements to segregate the movement of pedestrians and vehicles by clearly defined walkways; it had not supplied appropriate high visibility jackets to its bus drivers and the lighting at the depot was inadequate, one particular light only illuminating intermittently. 

Details of Mitigation:

Admitted infraction on indictment; previous good character, good safety record.  Following service of Improvement Notice, had taken prompt steps to remedy matters in compliance with the Improvement Notice.  Expressed deep regret regarding the accident. 

Previous Convictions:

None. 

Conclusions:

Total: £60,000 fine plus £5,000 costs. 

Sentence and Observations of Court:

Total: £50,000 fine plus £5,000 costs.

Ms S. Sharpe, Crown Advocate.

Advocate M. H. Temple for the Defendant.

JUDGMENT

THE BAILIFF:

1.        At about 10pm on 25^th November, 2010, when an employee of Connex in the night cleaning service was moving a bus at the depot at La Collette, he unfortunately struck a driver Mr Dos Santos who had come to collect his bus prior to beginning his shift.  Even though the bus was clearly moving at a very slow speed the consequences for Mr Dos Santos and his family have been tragic.  Mr Dos Santos has suffered irreversible brain damage and is in a persistent vegetative state from which recovery is not anticipated. 

2.        Connex accepts by its plea and through its counsel that it had not fulfilled its duty under the health and safety legislation in that it had not taken sufficient precautions to avoid this accident.  In particular the company had not insisted on drivers who were coming to collect their buses wearing high visibility jackets; there had been no segregation of pedestrian walkways in the deposit area; there was an intermittent fault on one of the lights which had not been repaired for a while; and there was concern at the general level of lighting in the area. 

3.        But Mr Temple has spoken impressively on behalf of the company and has provided us with much material.  The Court accepts that this is not a case where Connex had not taken its health and safety responsibilities seriously.  It had a detailed and lengthy health and safety policy which we have seen and which had been produced after employing an outside consultant.  The company had also carried out a risk assessment on the depot area.  Furthermore, a member of the Health and Safety Department with whom the company had been in touch had commended the management for its responsible approach to health and safety matters; but unfortunately the risk assessment carried out in relation to the depot area failed to spot the potential risks concerning drivers coming to collect their buses from the depot in the dark. 

4.        Furthermore the company has, since the accident, cooperated fully with the investigation and has implemented immediately all the recommendations of the Health and Safety Department.  Accordingly there is much mitigation on behalf of the company.  Nevertheless, as indicated in the leading case of R-v-F Howe and Son (Engineers) Limited [1999] 2 Cr App R (S) 37 the level of fine in such cases must reflect the fact that such a grievous injury has been the result of the company's breach of its health and safety obligations and must also reflect the size of the company.  Connex is a reasonably substantial business unlike many of the defendant companies which appear before this Court for breach of health and safety obligations.  The Crown has moved for a fine of £60,000.  We have considered carefully whether that should be imposed but we consider that it does not give sufficient credit for the company's responsible attitude to health and safety matters and we are therefore going to reduce it a little. 

5.        The company will be fined the sum of £50,000 and ordered to pay costs of £5,000, with 14 days in which to pay. 

Authorities

R-v-F Howe and Son (Engineers) Limited [1999] 2 Cr. App. R. (S.)37.

AG-v-SGB (Channel Islands) Limited [2005] JRC 146.

Health and Safety at Work (Jersey) Law 1969.

Construction (Safety Provisions)(Jersey) Regulations 1970.