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Corporate Liability in Criminal Law Assignment

   

Added on  2020-04-07

4 Pages644 Words63 Views
Running Head: Law 1Law
Corporate Liability in Criminal Law Assignment_1
Law2Part ADirecting Mind and Will- Doctrine was introduced by the law for the purpose of determining the liability of the corporation in both civil and criminal wrong conduct by the agents and servants of the company. In this theory law consider the mind collectively and individually of theperson who directs the management of the company, the mind of the company itself. This doctrine is known as the doctrine of “Directing mind and will”. In case law DPP v. Kent and Sussex Contractors Ltd, Court held that company was liable under two offences that were, company made statement which was not true and company use false documents for the purpose of deceiving others. Therefore, Divisional Court stated that company was held liable for both the offences, because officers of the company had intention to deceive. This intention of the officers of the company will be considered as intention of the company itself. There is one more case law Sugarloaf Hill Nominees Pty Ltd v Rewards Projects Ltd [2011] WASC 19. In this case, Supreme Court of Australia recently considers this doctrine and makes the company liable for the acts of directors. High Court stated that this doctrine is based on the principle where individual is or individual areconsidered as representative of the organization. This law was recently considered by Australian Court in case lawKrakowski v Eurolynx Properties Ltd (1995) 183 CLR 563. In this case, court made the corporate responsible on the basis of the knowledge of corporate officers.
Corporate Liability in Criminal Law Assignment_2

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