Corporate Manslaughter And Homicide Act 2007 Flashcards

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1
Q

EXAMPLE

A
A rail crash accident which killed several people, it then emerged that the train had mechanical defects, who is then to blame? 
•the person who maintains the train?
•the engineer?
•the health and safety manager?
•owner of the company?

Effectively all have some responsibility

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2
Q

4 steps to prove corporate manslaughter and homicide

A

1- there was a duty of car owed by the accused to the deceased.
2-there was a breach of the duty of care by the accused.
3-the death of the deceased was due to the breach of the duty of care of the accused.
4-the breach of the duty of care of the accused was considered so severe as to be categorised as gross negligence and therefore a crime.

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