top of page

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

Writer's picture: Robert SpicerRobert Spicer

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.

Recent Posts

See All

VICARIOUS LIABILITY

Limitation Case TVZ v Manchester City Football Club Ltd [2022] EWHC 7, Hugh Court Facts Eight men who had been sexually abused by a...

Crown immunity and the rule of law (3)

Civil proceedings Until 1948 the Crown could not be made a party to a civil action. This was an offshoot of the principle of sovereign...

Crown immunity and the rule of law (2)

Recent examples In June 2018 prison officers were taking part in a petrol bomb training exercise. This was part of an eight-day...

Kommentit


bottom of page