Cricritically discuss corporate homicide act 2007 Flashcards
intro:
define offence using the statute.
purpose of the statute is to make convictions easier following large scale disasters.
list those who are liable
The first conviction
Cotsworld Geotech 2011. V was a geologist and investigating soil coniditions in a trench which collapsed and killed him. Cotsworld failed to take reasonable practical steps to protect him while working therefore they were liable for his death. Fined 385k repayable over 10 years += encourages other companies to protect their employees from endangerment
-= no real consequence for the company, financial reward may feel unfulfilling to the family
Steve Toombs 2018
He addressed that the need for an “identifiable individual” does not assist in the gaps in the common law. Majority of companies plead guilty to corporate homicide/murder. None of the aquittals have been involved in senior management test. CMCH is not being fully utilised.
Simon Partsons 2018
The problem with applying the identification doctrine in respect of corporate liability for manslaughter was that successful prosecutions were only possible where a company is small
there were a number of failures to convict large corporations of killing by gross negligence. No convictions for 1997 southall train crash as it was difficult to establish responsibility. in the case there were too many delegations of resp.
Grenfell tower
many criticisms arose to CMCH because of delays in this case. investigations found fault in the fridge which started the fire, untrained responders emergency response by fire brigade and building was not in compliace of building regulations - worsened the fire. What could be a proportionate prosecution for this large scale failiure resulting in 72 deaths
