Where a four year old boy had died as a result of falling into a septic tank, the resulting convictions of manslaughter by gross negligence and failure to discharge a duty contrary to the Health and Safety at Work etc. Act 1974 s.33(1)(a) and s.37(1) were not safe where there was a paucity of evidence relating to the condition of the manhole cover immediately before the accident.

[2005] EWCA Crim 1061