Archive for February, 2010

The first Corporate Manslaughter case starts in Bristol Crown Court today.

We reported on the particulars to the case the other day.

Watch this space

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The countrys first corporate manslaughter case starts at Bristol Crown Court on the 23 Feb 2010.

Cotswold Geotechnical Holdings, and its director Peter Eaton, faced Stroud Magistrates Court in Sept 2009 for gross negligence manslaughter over the death of a young geologist in Gloucestershire in September of 2008.

The landmark charge was recorded against the company, the court heard, because of the way in which the organisations activities were managed or organised, caused the death of a person, namely Alexander James Wright by gross negligence, which amounted to a gross breach of a relevant duty of care owed to the deceased, contrary to section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.

The company faces an unlimited fine and Mr Eaton, who is charged with gross negligence manslaughter under common law, faces a maximum sentence of life imprisonment.

The prosecution is the first brought under the Corporate Manslaughter Act 2007, which aimed to made it easier for firms to be brought to justice over the death of their employees.

Alexander Wright was taking soil samples from a development site near Stroud when the pit he was working in collapsed, killing him.

Well, here we are again at the debate over knife crime sentencing.

The Tories have called for 2 Years for anyone carrying. How will it work? Where will the prison places come from? And how will the Criminal Justice System cope?

We are in a very difficult place if we take this guideline literally. Currently a citizen is allowed to carry a blade as long as the cutting edge is 3 inches or less and the blade folds into the handle but doesn't lock.

If we look at the case of the Crown Court Judge who pulled out a small knife during a knife crime trial then under proposed plans he should have been locked up for 2 years? Our law is written in such a way that it is able to be interpreted and anyone can interpret the law.

The police will say that even if they discovered such a weapon the carrier would have to have reasonable excuse or lawful authority to be carrying. This obviously relies on the police stopping and searching and then finding a weapon. Realistically the only chance of being stopped and searched is late at night or in a high crime area or between the ages of 18-25. We don't see beat bobbies getting to know communities or the people within them. Only the police have stop and search powers so if its only the people who fall into the above groups who are likely to be stopped and searched how is a difference going to be made? The police do have a difficult job so its up to the politicians to stop posturing and increase police numbers and get bobbies back on the beat in communities winning trust and confidence. Let's have some Chief Constables who come out of their ivory towers every now and then and actually take pride in helping communities instead of meeting targets and deadlines. Yes it will be difficult but trust is earned and good communication skills and building rapport will show results.

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A retired Sikh Judge, Sir Mota Singh has sparked debate by claiming that Sikh children should be allowed to carry the Kirpan in Schools and other public places.

The Kirpan is one of 5 articles of faith in the Sikh religion. Other articles include Kesh (unshorn hair) and Kara (steel bangle)

The question and debate raised is should the rules be bent to accommodate religious views? Currently it is illegal to carry a knife in the UK without lawful authority or reasonable excuse. However the law becomes vague as a citizen may carry a small knife if the cutting edge is less than 3inches and the blade folds into the handle.

3 inches equates to 7.62cm and we know that 3cm and 4cm stab depth has the ability to puncture the Lung and Heart respectively. The average stab depth in the UK is 8-10 cm.

We know of Health Authorities who allow Sikhs carrying Kirpans into hospitals and we know of others who ask Sikhs to remove them and leave them at reception/security.

In our view having a weapon of any kind increases the likelihood of an individual using it whether its intended for religious use or not. Children being allowed to carry in school is not the right message. Children would probably be more likely to draw and use it not fully understanding the consequences.

Where does it end? If one section of the community is carrying then others will feel disadvantaged and carry especially in areas where there is a high Sikh population.

While we advocate freedom of expression speech and views the line has to be drawn. We have a massive problem with knife crime and saying its ok to carry for religious purposes is dangerous and biased.

Is every Sikh a law abiding and honest citizen? In the same vein is every Muslim a terrorist? The answer to both is a resounding NO.

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Gloucestershire company Cotswold Geotechnical Holdings has become the first firm in the UK to be charged under the new corporate manslaughter laws.

It’s over the death of Alexander Wright on 5 September 2008. Mr Wright, a junior geologist, was taking soil samples inside specially-dug pit when the sides collapsed and crushed him.

The case is being heard on the 23 Feb 2010 at Bristol Crown Court.