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1. A parent company be prosecuted because of failures within a subsidiary company True False 2. When an employee is killed while driving on work-related

1.

A parent company be prosecuted because of failures within a subsidiary company

True

False

2.

When an employee is killed while driving on work-related business, the employer organisation could be prosecuted for corporate manslaughter.

True

False

3.

The Corporate Manslaughter and Corporate Homicide Act 2007, is not retrospective and therefore can apply to deaths before its implementation date.

True

False

4.

When deciding what constitutes gross negligence it can be said that negligence turns into gross negligence if the breach of duty falls considerably below what would reasonably be expected of the organisation in the circumstances. Whether the negligence is gross negligence depends upon considerations such as: (tick all that apply)

Any health and safety guidance relating to the breach

The cost of installing safety systems and taking precautions

The attitudes, policies and accepted practices of the organisation which led to the failure

That there were no mitigating factors

Whether other people involved in the incident suffered serious injuries

How serious the failure was

How real the risk of death was

The number of people who died

5.

Historically in larger companies, it was often difficult to prove that the actions of one director or manager controlled the whole company. In the case of large companies, the prosecution often tried to secure a conviction for breach of the Health and Safety at Work Act 1974 which is easier to prove. Which of the cases listed below (which occurred before the CMCHA 2007 )resulted in convictions for corporate manslaughter? (Tick all that apply)

R v Kite, Stoddard and OLL Ltd [1994]

R v Cotswold Geotechnical (Holdings) Ltd [2011]

Tesco Supermarkets Ltd. v Nattrass [1971]

R. v P & O European Ferries (Dover) Ltd. (1990)

Williams v Farne Salmon and Trout Ltd 1988

R v Princes Sporting Club Limited (2013)

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