• Robert Spicer

Farm death of 11 year old: drunk tractor driver: prison sentence

Farm death: drunk tractor driver: prison sentence

Health and Safety Executive v Gary Green (2016) Leeds Crown Court, December 13

Statutory reference: s.2 of the Health and Safety at Work, etc Act 1974 (HSWA)

Gary Green, a farm worker, has been sentenced to imprisonment following the death of an 11-year old boy.

The facts

  • Harry Whitlam, aged 11, regularly visited Swithens Farm where his mother worked. Parts of the farm were open to the public and working areas were closed off. The boy was allowed into the working section but he was accompanied.

  • Gary Green, a self-employed worker at the farm, was reversing a tractor in the working area. The tractor struck the boy, causing fatal injuries.

  • Green was breathalysed and found to be 2.5 time over the lega alcohol limit.

The decision

Green was sentenced to 16 months and 2 weeks in prison for a breach of s.2, HSWA.

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