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Exam (elaborations)

Nebosh Diploma Unit A Criminal Cases Questions And Verified Answers

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NEBOSH DIPLOMA UNIT A CRIMINAL CASES QUESTIONS AND VERIFIED ANSWERS

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Overturned. This case of a gas fitter showed that an Employer (N) can still use a
defence of RP even when its EE (fitter) was clearly negligent. (Now reg 21 MHSR
would prevent this appeal.)


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R v Nelson 1998

, R v Porter
R v Associated Octel
R v Swan Hunter


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Section 3 HSWA cases




Retired HS consultant, failed to I.d the risk of snatching wood, which led to finger
amputation. STD had also not reviewed the risk assessment. Section 36 prosecution
and also STD prosecution S2(1)


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R v Hooper
S36




Dumper truck. Both Company and director prosecuted under s37. The Defendants
appealed unsuccessfully. As with civil claims, once the prosecution had shown that
there was, on the face of it, a breach of the above duties, it was for the Defendants to
prove they had done all that was reasonably practicable. (s40 applied) It was then for
these defendants to prove....that they had done all that was reasonably practicable to
protect him against that risk".


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R v Chargot
S37 and S40

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