R v McKenzie (Norman)
| Jurisdiction | Northern Ireland |
| Judge | Gillen LJ |
| Judgment Date | 17 May 2017 |
| Neutral Citation | [2017] NICA 29 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 17 May 2017 |
1
Neutral Citation No: [2017] NICA 29
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: GIL10297
Delivered: 18/5/2017
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
REGINA
-v-
NORMAN McKENZIE
_________
Before: Gillen LJ, Weir LJ and Stephens J
_________
GILLEN LJ (delivering the judgment of the court)
[1] This is a reference by the Director of Public Prosecutions under Section 36 of
the Criminal Justice Act 1988 as amended. The respondent Norman McKenzie was
convicted at Craigavon Crown Court on 17 January 2017 of the following offences:
• Manslaughter committed contrary to common law.
• Failing to ensure the safety and welfare at work of an employee
contrary to Article 4(2)(a) of the Health and Safety at Work (Northern
Ireland) Order 1978.
• Failing to carry out a suitable and safe assessment of the risks to the
health and safety of an employee contrary to Regulation 3(1)(a) of the
Management of Health and Safety at Work Regulations (Northern
Ireland) 2000.
• Failing to take suitable and sufficient measures to prevent any person
falling a distance liable to cause a personal injury contrary to
Regulation 6(3) of the Work at Height Regulations (Northern Ireland)
2005.
[2] On 3 March 2017 the respondent was sentenced to 15 months imprisonment
suspended for 3 years in respect of Count 1 and fined £1,000 on each of the three
other offences making a total of £3,000.
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