Corporate Manslaughter

Question 1

How can liability be attributed to a company when it must always act through human agents?

Answer 1

• Strict liability
• Vicarious liability
• Identification Principle

Question 2

Strict liability

Answer 2

• Such offences often do not require any mens rea
• Liability is strict and it makes a company directly liable
• There is no requirement to attribute the acts of any individual who may have been responsible for the problem to the company

Question 3

Crown v g (2006)

Answer 3

strict liability can be imposed without an issue

Question 4

Vicarious Liability

Answer 4

• Such liability can only be used when the wording of the statute is appropriate Mousell Brothers Limited v London and North Western Railway [1917] 2 KB 836
• Such liability cannot be used for offences involving intent
• Often is difficult to secure a conviction due to the presence of a ‘due diligence’ defence
• Tesco Supermarkets v Nattrass (1972) AC 153

Question 5

Tesco Supermarkets Ltd. V Nattrass [1972] AC 153

Answer 5

the court restricted the application of the identification principle to the actions of the board of directors, the managing director and perhaps other superior officers who are carrying out managerial functions of the company. In another way, individuals who represent and act as the company

Question 6

what is corporate manslaughter?

Answer 6

serious management failures resulting in a gross breach of a duty of care

Question 7

what is the 2007 act

Answer 7

the Corporate Manslaughter and Corporate Homicide Act 2007 was an act created in order to provide liability on companies for their breach of duty of care.

Question 8

Corporate Manslaughter and Corporate Homicide Act 2007 s.1(1)

Answer 8

S.1(1) Organisation will be guilty of the offence if the way in which its activities are managed or organized:
(a) causes a person’s death, and
(b) amounts to gross breach of a relevant duty of care owed by organization to the deceased;

Question 9

Corporate Manslaughter and Corporate Homicide Act 2007 s.1(3)

Answer 9

Organisation is only guilty when the role of senior management is a substantial element of the breach

Question 10

Corporate Manslaughter and Corporate Homicide Act 2007 s.1(4)

Answer 10

“senior management”, in relation to an organisation, means the persons who play significant roles in:-
(i)the making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or.
(ii)the actual managing or organising of the whole or a substantial part of those activities

Question 11

Corporate Manslaughter and Corporate Homicide Act 2007 s.1(4)(b)

Answer 11

Gross breach – when conduct falls far below reasonable expectations of organisation in circumstances;

Question 12

Corporate Manslaughter and Corporate Homicide Act 2007 s.8(2)

Answer 12

Regard needs to be had to whether there was a failure to comply with health and safety obligations and, if so, the seriousness of the failure and the risk of death it posed.