A man who endangered the lives of 14 care home residents by trying to fit a new cooker in time for their Christmas dinner, has received a suspended sentence of six months in jail.
When a care home’s cooker accidentally broke days before Christmas, Mark Witham, who had previously carried out work in the care home’s kitchen, spent £700 of his own money on a new appliance which he tried to fit himself.
Witham fitted the cooker on Christmas Eve to give residents a Christmas dinner but did not have a gas safety certificate and left the care home with a dangerous gas leak that could have killed residents and destroyed the care home.
After his actions, care home staff ended up calling a qualified Gas Safe registered engineer after the new cooker still failed to work and Witham was reported to the Health and Safety Executive.
Judge: ‘Immediate danger’
Recorder James Newton-Price, QC at Exeter Crown Court told him: “You should have been aware of the regulations, given your long experience in the business. I understand you felt a sense of urgency and were concerned the residents would not be able to enjoy their Christmas dinner.
“This can be categorised as wilful blindness but I bear in mind that you have been working for 40 years and there have been no previous incidents and that you are mortified at this offence.
“The culpability is high because the risks are well known and there was immediate danger from the significant gas leak and a high likelihood of harm if it had ignited.”
Witham admitted two offences of breaching health and safety rules. His six month jail time was suspended for a year and he has been ordered to carry out 120 days of unpaid community work and pay £3,500 in costs.