Kevin Saunders defends national airline carrier in regulatory prosecution

Mr Saunders was instructed to represent a national airline carrier that was the subject of a prosecution for regulatory offences. The prosecuting body was the City of London.

The case concerned offences contrary to the Welfare of Animals (Transport) (England) Order 2006 and Section 73 of the Animal Health Act 1981.

Issues in the case included:

  • General principles to follow in setting a fine.
  • The extent to which definitive guidelines can be applied for analogous offences.
  • The application of the recent “General Guideline: overarching principles” (which came into force on the 1st October 2019 and may be applied when sentencing offences for which there is no offence specific sentencing guideline
  • The determination of culpability and harm.
  • The identification of aggravating and mitigating features.
  • The effect of a multi-billion-pound turnover on the level of fine imposed.

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