R v Thames Water Utilities Ltd [2010] EWCA Crim 202, [2010] All ER (D) 222 (Feb)
Court of Appeal, Criminal Division, Moore-Bick LJ, David Clarke and Sweeny JJ, 19 February 2010
The Court of Appeal has laid down sentencing principles for environmental offences.
Jonathan Barnard (instructed by Ashfords) for the defendant. Mark Harris and Howard McCann (instructed by the Environment Agency) for the Crown.
The defendant company was incorporated in April 1989. It was the largest supplier of water and sewage services in the UK. It was regulated by a number of agencies including the prosecutor in the instant case, the Environment Agency. In September 2007, during the course of cleaning out tanks in one of its plants, the defendant released sodium hypochlorite into the river Wandle. Damage was extensive. The defendant paid or pledged a total of £500,000 compensations. It admitted an offence of causing polluting matter to enter controlled waters, contrary to s 85(1) of the Water Resources Act 1991. The judge held that the starting point for a fine following trial would have been £250,000. Having
