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    Hi,

    I as wondering if you could help? I am trying to formulate an elaborate S.20 GBH.

    The idea I have is that a Company owns a faulty crane! The boss know's the crane is faulty and could cause injury within days. The boss asks a worker (to which he does not like) to use the crane. The boss can forsee that harm may be caused to the worker by using the crane. Due to the fault of the crane its falls down an embankement breaking the legs and arms of the worker.

    Can the boss be convicted for a S.20 GBH> AR - Broken Arms. MR - Recklessness and (foresight that some harm may be caused to the worker by using the crane?)

    Many thanks.
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    Anyone perhaps be able to help? Thank you!
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    possibly could be s.18 coz he seems to have intent and broken legs are in the CPS guidelines for GBH so i would say probs either get s.18 or s.20 depending on whether or not the jury thought he had the intent too do it. hope this helps
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    Yes alot thank you. Do you reckon if the crane was to be carrying a load and during the accident this was to fall and kill a worker could the boss also be convicted of Gross Negligence Manslaughter?
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    yeah most probably because the boss has a duty of care too the worker
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    Sorry for all the questions, if the boss of the company was actually an employee of the senior management, however he was responsible for say running safety and operations, however he was not a senior manager, or a manager just an employee.

    The crane was to crash into badly maintained rack or something of the sort, which was both the fault of the senior management and the employee (systemic failure). The rack was to fall and kill somebody during the crane accident, could the employee (who runs operations and safety, as an employee) then be responsible for gross negligence mansluaghter for the death caused?

    Many thanks.
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    probably still liable but as in most criminal cases it all depends on the jury and the judge could always just make his sentence less harsh if it wasn't just the employees fault hope this helps
 
 
 
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