Corporate Manslaughter

Corporate Manslaughter

1. A corporation liable for offence punishable by fines.

   • Coroner for East Kent, ex Parte Spooner - A corporation could be convicted of manslaughter.

2. Why should we be able to impose liability?

   • w/o companies unaccountable. indi blamed, C at fault
     • large fine for a company more of a deterrent than individual
     • Likely to reduce any pressure placed on workers by the company to act illegally as they will be held responsible.

3. There are 2 methods for corporate crimes. 1- VL, 2-DoL

   • Vicarious Liability- the liability of one legal person for the acts of another
     • A legal person may be a group, company or individual
       • Rarely VL , but three types of situation where VCL arise.
         • 1- in strict liability offences- where the statutory description of the actus reus can be interpreted in such a way as to cover someone other than the actual perpetrator e.g. selling food, shop assistant sells but so does shop.
           • 2- where the possibility of vicarious liability is expressed or implied in a statue e.g. the selling of liquor to underage people by employees.
             • 3- In cases of delegated management. If employer under a statutory duty and delegates it to one of his or her employees the employer will be vicariously liable for any criminal offence the employee commits while carrying out the delegated duty, even one that requires mens rea.
   • DoL. all bar VL
     • individuals, some power
   • The larger the company the harder to convict

4. The corporate Manslaughter and Corporate homicide Act 2007

   • Section 1 removes directing mind principle with a gross negligence test
   • Section 2- RDC
   • Section 8- FJ
   • Section 20- Companies no longer liable for GNM individuals can.
   • New Act, has potential for broad application- not just "traditional companies"/

5. Cases

   • Cotswold Geotechnical Holdings Ltd. Geologist, unsupported hole, £385,000 fine. CD charged for GNM dropped to ill health. CoA held.
     • JMW Farms. Robert Wilson, Bin, 2010-2012, £187,500 and costs order of £13,000
       • LIon Steel Equipment Ltd. Man feel through the roof, as many employees, £480,000 four separate payments and £84,000 to CPS course.
         • Prince's Sports Club, speedboat, fine of £134,579.96. against the director dropped.
   • (with a charge of GNM)
     • Cheeki Rafiki Yacht. 4 GNM, director of Stormforce Coaching Limited, Douglas Innes not guilty- 9case adjourned until june 2017) adverse weather conditions, most likely previous groundings and subsequent repairs.
   • NHS trust, first to face Corporate Manslaughter charges, no case to answer, going inquest.

6. Criticisms.

   • not proportionate.
     • If it stays in house, its not a deterrent.
   • How to improve
     • Alternative Punishments
       • Probation
         • H&S courses
           • + inspectors

7. H of Free Enterprise