THELAWPAGES.COM

Country

England & Wales

Hearing Date

2 August 2017

Court Location

Leeds Crown Court

Judge

Judge Thomas William Maxwell Bayliss QC

Case Number

T20160920

Name

Data Anonymised

Gender

Male

Age

44

Offence/s

Sentencing Considerations

Victim Personal Statement

Yes

Sentencing Details

Total Sentence

1 Year 3 Months

Likely Release / Eligibility Date

19/3/2018

Sentenced Upon

Guilty Plea

Distinguishing Features / Details

He pleaded guilty (Trial of issue) to failing to ensure his fishing vessel was operated safely and that work equipment was maintained efficiently. He owned the boat ('Eshcol') on which two fishermen, aged 21-years-old and 26-years-old, died of carbon monoxide poisoning on 15 January 2014. The judge rejected his basis of plea that he did not know that the crew were using the cooker as a heating source on the fishing vessel. The court heard that no carbon monoxide (CO) alarm was fitted on the boat, there was no ventilation and the heaters did not work or were damaged.

The judge said: "Two men have died. Those who employ others and whose actions create a risk of harm must take the consequences when harm results... He knew the cooker was being used to heat the vessel. A simple risk assessment would have revealed the danger."

Case Timeline

View Timeline

Crime Location

View Map

Legal Teams & Authorities

Prosecuting Team

Authority

Maritime and Coastguard Agency (MCA)

Chambers

Outer Temple Chambers

Barrister

James Alexander Leonard KC

Police Area

Marine Accident Investigation Branch (MAIB)