R v Winterton [2018] EWCA Crim 248

Court: Court of Appeal (Criminal Division)

Facts: V died from a trench collapse on a building site managed by D (Mr. Winterton ) had a duty of care to ensure the safety of workers on the site. D was aware of issues but not necessarily the specific condition of the trench.

Issues : the interpretation of what constitutes 'reasonable care' under the Health and Safety at Work etc. Act 1974.

Held: Conviction upheld. Mr. Winterton (D) had a duty of care to ensure the safety of workers on the site. The court found wilful blindness to serious and obvious risk sufficient for gross negligence manslaughter.

Key Judicial Statement: Lord Justice Davis observed, "Wilful blindness to obvious and serious risks can suffice for gross negligence manslaughter if the defendant's knowledge of the risk is sufficient."

💡Leveluplaw : reaffirms the responsibilities of site managers and others in similar positions to actively ensure the safety of workers under their supervision