A company has been fined £100,000 over the death of a human cannonball in a stunt gone wrong.

Scott May, who runs Stunts UK Ltd, admitted health and safety breaches following the death of Matthew Cranch.

Today, May was handed a 12-month community order and told to carry out 150 hours of unpaid work.

His firm must pay the fine at the rate of £3,000 a month, as well as £80,000 in court costs.

The stuntman, of Newquay, Cornwall, died after being fired from a cannon at the county show ground in Detling in April 2011.

Passing sentence, Judge Jeremy Carey said: "The value of a person’s life cannot be measured, and should never be measured, in the length of sentence, or the severity of it."

The sentence, he said, was designed to punish, deter and where appropriate rehabilitate.

“What it can’t do is restore Matthew to his loving parents, nor can it appease, or even ease, their sense of loss and, no doubt, their sense of anger about something which should have been avoided,” said the judge.

The quick release mechanism should only have been activated once the “flyer” was safely in the safety net, but on the day of the tragedy at the precise moment Mr Cranch was fired from the barrel of the canon it instantaneously activated so that the net collapsed to the ground.

It was not certain whether it was triggered by vibration from the considerable recoil of the lorry.

Mr Cranch struck the ground at great speed and sustained injuries and died shortly afterwards.

The accident was witnessed by a large number of spectators and video footage was taken. The judge saw one video in his private chambers.

“That was in April 2011,” said Judge Carey. “Today, December 20 2016, there is, at least in Criminal Justice terms, the final part of this story.”

The defendants accepted there was not a suitable and sufficient risk assessment of the release mechanism. May accepted he had a duty to identify the risk.

“They accept had they known what they now know, they would have taken steps, and timely steps, to reduce or eliminate the risk which was undoubtedly there,” the judge continued.

The equipment had been operated for 10 years without incident by the company and another 10 years previously by others without incident.

“The safety net was an absolutely crucial aspect to the stunt,” said Judge Carey. “In other words, there cannot have been a more important element in this entertainment stunt than the efficacy of the safety net.

“I don’t accept that somehow there was an understandable failing to do what should have been done - to have a thorough examination of all the aspects of the net, not least the quick release mechanism to ensure it was safe in its operation.

"What should have happened is somebody should have been instructed not just to give health and safety advice, but the actual specifics of the mechanism should have been investigated" - Judge Jeremy Carey

“The mitigation advanced is that this was effectively an isolated incident against a trading or operating history which was unblemished in terms of convictions and any serious incident.

“There was certainly no intervention by Health and Safety officers. It is submitted this was an isolated incident, not only in its catastrophic result, but also in the failure of the quick release system.”

The judge said he reached the conclusion it was a case of high culpability, where breaches had subsisted over a long period.

It concerned a “micro organisation” in which May was the sole director. The range of fine to be imposed was between £100,000 and £250,000.

“The fine must reflect the seriousness of the offence and on the other hand reflect the financial circumstances of the offender,” said the judge.

The company did not trade at a profit. In the last financial year it had a loss of £13,000. The financial position was parlous. It employed up to 10 people.

Imposing the community order on May, the judge told him: “You have not just expressed remorse, you have felt it and conducted your business and life in a way which is consistent with that general attitude.

“You are a hard working member of the community. You have learnt very hard lessons which for your company will be an extremely painful one.

“It will require hard work on your part to retrieve the position in which you find yourself. There must be an element of punishment. It can be met by unpaid work.”

The judge ordered that all the materials relating to the canon must be removed from the lorry before it could be returned.

The prosecutor read out part of a victim impact statement by Mr Cranch’s father Michael, who described his son as “a free spirit” with a sense of adventure.

“They will always be proud of him,” he said. “He was a decent person to them. This is a loss they can never accept or recover from.

“He describes him as a free spirit and truly genuine guy. His approach to the world, kindness...and incredible sense of humour and unforgettable smile.”

His father added: “We will always be grateful and thankful for his love and the time we were able to spend together.”

Judge Carey described the impact statement as “moving, restrained and telling”, adding: “It reveals the character of this young man which was in every respect admirable.

“No words can adequately convey the sense of loss the family and his many friends and those particularly close to him must have felt, and no doubt continue to feel as a result of his death.”

At this morning's hearing, May apologised to Mr Cranch's family.

Tanya Robinson, defending, said May wanted Mr Cranch's parents to know he was truly sorry about the tragedy.

"He acknowledges the failings there were," she said. "He still considers members of staff like extended family.

"In the aftermath of what happened he was not even sure he wanted to carry on the business.

"They have carried on but things have been difficult."

Miss Robinson said the company would never again perform the human cannonball stunt but would concentrate on other areas.

"It cannot be repeated," said Miss Robinson.

The equipment would be destroyed when the case was over.

"In response to these tragic events the defendant has taken a number of steps to reduce future risks to employees," said Miss Robinson.

"It is obvious secondary measures could have been put in place. The need for such measures should have been recognised.

"He failed to recognise the risk. He accepts it was negligence on his part. He should have considered more carefully the risks with the mechanism."

Miss Robinson said: "This is not a cowboy operation doing anything to make profit.

"It is not lackadaisical or unprofessional. The stunt show is professional and well organised. I hope that message comes over loud and clear.

"There is a reference to the show being like oiled silk, so well organised."

Miss Robinson said the stunt show was not about making money. May had never received a big salary.

He drew £350 a month from the company. He was allocated £12,000 a year but preferred to leave it in the business.

He chose to run the business because of his love of stunts and to keep people employed.

Miss Robinson said May was happy for his wife to perform the cannonball stunt if she wished to.

"He had no concerns about its safe operation," she added.

Judge Carey said: "This is not a case where there was some home grown attempt to cope with what is recognised as an otherwise tricky situation such as sticking a piece of wood in a place.

"There is nothing Heath Robinson about this. What should have happened is somebody should have been instructed not just to give health and safety advice, but the actual specifics of the mechanism should have been investigated."

Yesterday, the court heard the stunt company’s health and safety measures were “lackadaisical and unprofessional”.

The safety net collapsed while Mr Cranch, 24, was in mid-air, Maidstone Crown Court was told.

His death was last year found to be an accident at an inquest.

The prosecution was brought against May, 40, of Higher Bosaven, St Just, Cornwall, by Maidstone Borough Council.

Prosecutor Mark Watson said Mr Cranch was a “flyer” for Stunts UK on Easter Bank Holiday Monday on April 25 2011.

The net designed to catch and restrain him was attached to the front of a lorry and extended for some distance.

"Matthew was a free spirit, who truly was a genuine guy. He brought to the world a kindness, gentleness, sensitivity, fairness and incredible sense of humour, an unforgettable smile and the very best of big hugs." — Matthew's family

It was held up by supporting poles. The net was secured by a quick release mechanism.

“Because the net was under tension as soon as it was released the net released the hooks and it collapsed to the ground,” said Mr Watson.

“It did so in quick fashion - within two to three seconds. It was only intended to be activated after a flyer was caught in the safety net.

“However, at the precise moment Matthew was fired out of the cannon the quick release latch inadvertently activated, so it collapsed to the ground as he was flying through the air.”

It was followed by a second series of fireworks to add to the drama.

Mr Watson said there was no need for the mechanism to be in place that day.

There was a wholly unacceptable level of risk.

“The equipment posed such an obvious risk,” said Mr Watson. “Health and safety was lackadaisical and unprofessional.”

Air ambulance paramedics assisted land ambulance crews but Mr Cranch suffered a fatal heart attack on the way to hospital.

Speaking after the sentencing Mr Cranch's family — his mother Pauline, his father Michael and older sister Elena — said: "Today's sentencing is about getting justice for Matthew. It has always been about that. We would like to say thank you to everyone who has supported us over the past five years, in particular, our family and Matthew’s friends without whom we could not have got to where we are today.

“Matthew was a free spirit, who truly was a genuine guy. He brought to the world a kindness, gentleness, sensitivity, fairness and incredible sense of humour, an unforgettable smile and the very best of big hugs.

“We will always be grateful and thankful for his love and the time we were able to spend together. The loss of our son is a matter we can never accept or recover from.”

Tracey Beattie, environmental health manager at Maidstone Borough Council, said: “The sentence today will not bring back the life of Matthew Cranch which was tragically lost five years ago.

“I’m sure that we all recognise that stunts for the entertainment of others are not in themselves a bad thing.

“What is unacceptable is the failure to assess risk properly and put appropriate health and safety measures in place – this would include training, safety checks and adequate maintenance of equipment.

"I hope that this successful prosecution sends a clear message that we will pursue legal action against those breaching health and safety laws. We’ve worked very closely with the Health and Safety Executive throughout this investigation and subsequent court hearings to prove that both Mr Scott May and his company Stunts UK Ltd did not follow the correct processes and procedures. That failure resulted in a man losing his life.

"Matthew’s family has experienced immense tragedy in full view of the public and repeated through the media. In the most difficult of circumstances they have demonstrated dignity throughout the long legal proceedings."