coroporate manslaughter

Question 1

corporate manslaughter

Answer 1

organisation guilty of offence is senior management has organised activities and this is a major element in the breach
corporate manslaughter and corporate homicide act 2007 s.1- organisation will be guilty of offence if the way in which activities are managed or organised causes a persons death or amounts to gross breach of relevant duty owed by the organisation to the deceased
element 1- duty
element 2- breach and causation
element 3- serious management failure
s.2- who owes duty of care- suppliers, employers, occupiers
breach-how serious the failure was, how much of a risk of death is posed, jury can consider evidence which shows attitudes policies or systems which contributed to the failure, have regard to health and safety guidelines
causation-factual causation, legal causation, intervening acts, intervening acts, think skull rule
s.1 person who plays a significant role in the management of the whole or substantial part of the organisations activities

Question 2

cases of corporate manslaughter

Answer 2

r v pryahna mouldings ltd- fundamentally unsafe maintenance work and choice of design of the oven was serious management failure
r v sherwood rise ltd- despite warnings from outside agencies d failed to ensure adequate care nutrition and support the elderly resident
r v baldwins crane hire ltd- serious management failure was braking problems on the crane due to lack of maintenance

Question 3

breach

Answer 3

doesnt need to be conduct of single representative but to organisation overall
s.1(3) substantial element of the breach must be traceable to the way in which d activities are managed or orgaised by senior management
s.1(4)(b)- breach f duty of care by organisation is gross breach if conduct to amount to a breach od that duty falls far below what can reasonably be expected of the organisation in the circumstances

Question 4

gross breach

Answer 4

s.8-how serious, how much of a risk of death, any health and safety guidelines
jury should also consider guidance issued by enforcement agnecies and company policies, attitudes systems or accepted practices that could have contributed to breach

Question 5

causation

Answer 5

factual causation- r v white
legal causation- r v smith
no intervening acts- r v jordan
thin skull rule- r v blaue

Question 6

proof of serious management

Answer 6

senior management- person who plays significant role in management of the whole or substantial part of the organisations activities