This was then followed by the very surprising case of R v Draper in October 2011. Again the principles set out in Howe were applied after the Landlord of a house, divided into occupied flats, had failed to comply with Articles 8 – fire resistance and guilty pleas to three counts relating to the absence of self-closing devices on front doors of flats and one count relating to the failure to maintain a fire extinguisher. The recorder had accepted that there were no aggravating features. The Defendant had not deliberately profited financially from the breaches; he had not failed to heed warnings; he had had a good safety record and was of good character and had taken remedial steps. References also showed him to be a conscientious and responsible Landlord. Despite the absence of aggravating features the Defendant was fined £135,000 by the Crown Court. The Ground of Appeal was that too much weight had been given to the Defendant’s means. (I can only assume therefore that the Defendant was extremely was wealthy, because the Court of Appeal refused the appeal and upheld the extremely high fine).