Absolute discharge for Bibby
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• Wetherby mag istrates gave Liverpool-based Bibby Distribution Services an absolute discharge after the company admitted overloading the front axle of a 16-tonne vehicle by The driver, David Southan, was fined £200 and ordered to pay DO towards the costs of the prosecution.
For Bibby, Michael Cunningham argued that although the vehicle had been loaded with beer by Bibby employees in the company's own warehouse, it had taken all possible steps to prevent such offences occurring.
He said that proper instructions had been issued to all employees. Bibby has BS5750 accreditation and part of that involves inspection of operating procedures. The driver ignored instructions given him when employed by Bibby and been immediately dismissed for disobeying the instructions about the loading of vehicles.
Producing both the 3S5750 manual and the manual of depot procedures, Cunningham argued that though the vehicle had been loaded while under the compa
ny's control, it could be said to have acted reasonably and with diligence, and that it was not culpable.
In such circumstances, the principle laid down by the High Court that absolute discharges were appropriate where defendants guilty of strict liabilty offences had not been negligent and were morally blameless, should he applied.
The magis trates also accepted arguments that they could not take account of previous convictions, unless there were aggravating features, and that they had to consider the offence in isolation.