Background:

Many people are allergic to bee stings and need to carry an EpiPen, a device that allows them to inject epinephrine, a drug that can prevent potentially fatal anaphylactic shock. EpiPens are expensive and typically last for only a year.

Mama Melissa Ltd (MML) is a company that markets various honey-based products. MML sells a product called Bee-Shield, which it claims can protect against anaphylactic shock from bee stings. Bee-Shield sells for $20, far cheaper than an EpiPen, but is essentially honey-based tablets.

May Ma is allergic to be stings. She is unhappy that she has to buy an EpiPen every year and then throw it away. She decides to protect herself with Bee-Shield instead. May is stung by a bee when she is on a bush walk. Medical help cannot get to her in time, and sadly May dies.

Oliver, May's partner, believes that MML caused her death and wants the company to be prosecuted for manslaughter.

Required:

Advise Oliver whether MML could be prosecuted for manslaughter under New Zealand law.

We recommend you use ILAC in answering this question. However, your answer should include a brief discussion of the rules of attribution as they relate to crimes. [Hint: see and refer to Lord Hoffmann's explanation in Meridian Global.] Do not consider consumer law.