Corporate Manslaughter in Australia Assignment
Added on -2020-07-22
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Corporation Law A
ContentsINTRODUCTION...........................................................................................................................1Overview of Corporate Manslaughter.........................................................................................1Corporate Manslaughter in Australia...........................................................................................2Adoption of Corporate Manslaughter in South Australia............................................................3Corporate criminal liability in the UK.........................................................................................4Corporate criminal liability in the US.........................................................................................5CONCLUSION................................................................................................................................6REFERENCES................................................................................................................................8
INTRODUCTIONCorporate manslaughter is a crime that ultimately leads to killing of an individual in certaincircumstances which did not demanded any harmful activity. Hence, the activity is measured inthe periphery of unlawful killing. The essay makes a rigorous discussion regarding the laws,rules and regulations that have been adopted by UK and Australia1. Moreover, regulationsfollowed by rest of Australia except South Australia will also be analysed in the essay. In theend, in order to make the knowledge regarding the subject matter concrete, various pros and consof adoption of this concept will also be discussed in the essay. Overview of Corporate ManslaughterCorporate manslaughter is considered to be a criminal offence. It is an act of homicide thatis generally committed by any company or organization. There are various jurisdictions thatconsider it as a crime, such as, Wales, English and Hong Kong. The jurisdiction has right topunish the individual whose act has led to any individual’s death. Based upon the intensity of thecrime being committed, the punishment can be extended from compensation to criminallyprosecuting the individual. Basically, there are six theories that are related to corporatemanslaughter2. These are, Identification of doctrine, aggregation doctrine, reactive corporatefault, vicarious liability, management failure model and corporate mens rea3. The level andmethod of committing crime is quite different in various cases. Hence, it can be state that,corporate manslaughter is a type of crime that has been committed by the individual in the formof killing a person in certain circumstances that do not amount to murder. In this case, thecorporation is held liable for the activity if it was involved in the case. Various countries whose adoption of the law have also criticized the act as well. They havestated that the laws and compensation that has been adopted by this act is not effective enoughand hence compensation with the help of civil law would have been rather more effective in such1 Griffin, S. and Moran, J., 2010. Accountability for deaths attributable to the gross negligent act or omission of apolice force: The impact of the corporate manslaughter and corporate homicide act 2007. The Journal of CriminalLaw, 74(4), pp.358-381.2Almond, P., 2013.Corporate manslaughter and regulatory reform. Palgrave Macmillan.3Rowbottom, J., 2013. To punish, inform, and criticize: The goals of naming andshaming.Media and Public Shaming: Drawing the Boundaries of Disclosure, p.1.1
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