Adam Birkby successfully appeals sentence in health and safety case.

Adam Birkby, instructed by Emma Windle of Irwin Mitchell Solicitors, represented Symmetry Medical Sheffield Ltd, a Sheffield based company which produces medical and aerospace parts.

The defendant company pleaded guilty to failing to discharge the duty imposed by s.2(1) of the Health & Safety at Work etc Act 1974, arising out of an incident whereby an employee suffered the amputation of one finger and impact damage to another.

Upon Adam’s advice, the defendant company appealed against the fine imposed by the District Judge at Sheffield Magistrates’ Court. As a result of Adam’s submissions on the application of the Sentencing Council’s Definitive Guideline on the sentencing of health and safety offences and his presentation of financial evidence relating to the potential impact of the level of fine posited by the HSE, Sheffield Crown Court allowed the appeal and reduced the fine by £55,000.