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R v. Abdul Majeed |
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Date |
1996 |
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Issue |
Contravening a requirement (s) of a section 22 prohibition notice |
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Court |
Court of Appeal (Criminal
Division) |
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Act, Regulation or Reference |
Health
and Safety at Work etc. Act 1974, section 22 |
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Facts |
The offences concerned certain building works which the
factory inspector found contravened the HASAW Act. The inspector
gave a prohibition notice to Mr. Majeed, who tore it up and
continued the works.
The applicant, Abdul Majeed, at Southwark Crown Court before Judge
Fingret in 1995, changed his pleas to guilty to four counts on an
indictment all contravening a requirement(s) of a prohibition notice
issued under section 22 of the Health and Safety at Work etc. Act
1974, (HASAW Act). He was fined £2,000 on each count, with six
weeks' imprisonment consecutive on each count in default. The fines
therefore totalled £8,000, the default period 24 weeks. He was
ordered to pay prosecution costs in the sum of £6,000 within 28
days. He renewed his application for leave to appeal against that
sentence following refusal by the single judge.
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The Decision |
Mr. M's grounds of appeal were that he had never previously been
guilty of offences, although this is at odds with the sentencing
remarks of Judge Fingret who said that he had in the past been fined
a total in excess of £4,000.
Mr M said that they arose out of circumstances beyond his control,
that he suffered financially during the recession and was striving
to survive in business. He also relied on his family, that the costs
of the prosecution were unreasonable and unfair, and that the fine
was excessive in all the circumstances.
The court found that Mr. M had absolutely no intention of complying
with the law. In the view of this Court the sentences were entirely
appropriate and it agreed with the single judge, who said:
"You show no basis for a successful appeal against these financial
orders."
The application was refused.
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Note |
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Other cases of interest |
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External links |
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