Before answering Question 1 and Question 2, use the OU Library to find and read the 'Comment' article: Parsons, S. (2018) 'The Corporate Manslaughter and Corporate Homicide Act 2007 ten years on: fit for purpose?', The Journal of Criminal Law, vol. 82, no. 4, pp. 305-310. You should use this to support your understanding of the elements of the relevant law for Question 1, and to support your evaluation of the law for Question 2. You should also carry out your own independent research, beyond the module materials, into the applicable law to support your answer, using the OU Library and its legal databases.

Question 1 is a problem question. You should use the IRAC method for answering law problem questions as set out in Section 6.1.4 of the Law undergraduate guide.

Read the scenario and answer the problem question that follows. You should only advise about criminal offences and defences that are covered in the W203 module materials.

Monty is the co-owner and Managing Director of a small lorry haulage business, International Hauliers Limited (IHL), the business of which is furniture removals for executives working for multinational companies. Altogether the company has 37 employees. While IHL pays its lorry drivers, movers and office staff fairly well, the small team of mechanics who work on the lorries are paid less than the national minimum wage. They live in converted shipping containers on-site at IHL's headquarters in Kent and are prevented from learning the English language. They are mainly foreign nationals from Albania and Moldova, and their passports and other identity documents are kept in a locked safe in Monty's office.

Monty and Anca, who works for Monty as Supervising Manager, work with a gang in France to transport young men of eastern European nationality into the United Kingdom (UK) in the back of one of IHL's hard-sided lorries, driven by Monty's son-in-law Cillian. The 'immigration service' is offered by the French gang to people wanting to come to the UK, in return for payment of 10,000 euros. Some of those brought into the UK on Cillian's lorry work as mechanics for Monty, while others are taken on to work for friends of Monty in other businesses across England.

Lorik, a 23-year-old trained engineer from Albania, is desperate to go to the UK to earn money and improve the living standards of his poor, young family. After being approached by an Albanian acquaintance about the operation of the French gang, Lorik is persuaded to pay to be transported through Europe to the UK as an illegal immigrant. Lorik is told that he will have to pay only 1000 euros upfront, and he will be set up with a job on arrival in England. He will be loaned the remaining 9000 euros and given time to pay this back out of his wages. Lorik is nervous about the journey and asks his friend, Arben, who is in a similar position, to come with him to the UK. Lorik and Arben have little money but are able to scrape together enough to each pay the initial amount, and transportation is arranged.

Having made it to Paris, Lorik and Arben are put in the back of Cillian's lorry with a furniture load, and transported via ferry to Dover, after which they are driven to IHL's headquarters. The journey is uncomfortable but there are no delays and Lorik and Arben are given a number of rest breaks at the roadside, having been made aware that they are being taken to their new place of work. When they arrive at IHL, Lorik and Arben are greeted by Anca, who takes away their identity documents and shows them to an old shipping container with two bunk beds, which will be their home.

Monty's furniture business is booming and he has taken on additional lorries and drivers, so both Lorik and Arben are told they will work as mechanics for IHL, at least until they pay off their debt. They are told that Anca is responsible for their well-being and living conditions, and Monty is responsible for the running of the repair garage in which they will work. Monty also has overall responsibility for running all aspects of IHL's business.Lorik and Arben are initially happy about this but as the weeks pass, they are made to work very long hours, with few breaks and little food and water. They are not allowed to leave the site unsupervised and are not trained properly in how the repair equipment in the lorry garage works. They also realise that their wages are so low that it will take years to pay back their debt. When they tell Anca they want to leave, Anca says that they cannot: if they do, she will have to report them to the immigration authorities and they will be imprisoned. Furthermore, Anca says the French gang are very bad people and will come after Lorik and Arben if they try to leave. The pair feel they have no choice but to stay.

One evening, Lorik is working late on the brakes of a lorry in the IHL garage. The lorry is on the hydraulic lorry ramp and Lorik is working underneath. While feeling for a part, Lorik accidentally knocks an incorrectly installed hydraulic hose, causing the ramp to fail and the back of the lorry to crash down onto Lorik. Lorik dies of crush injuries. A Health and Safety Executive investigation following the incident finds that, in addition to Arben and Lorik not being trained, the equipment they were using was poorly maintained, no health and safety guidance was provided, and there were several serious breaches of health and safety legislation in the IHL garage.

Outside of work, Monty has been dating Janine for a year. At the start of the relationship, Janine enjoyed going on dates with Monty, who would buy her presents and treated her very well. Janine agreed to move in with him two months ago, but since then Janine has felt increasingly isolated and fearful. Monty persuaded Janine to stop working, saying he could pay for everything, but only gives Janine a very small allowance each week to buy food and essentials. He has stopped Janine from speaking to her family on the telephone and calls her many times a day to find out where she is. He has now become quick to anger, and is prone to outbursts, telling Janine she is worthless and putting her down. Janine has become so distressed that it causes her to no longer see her friends and family anymore, and she is unable to bring herself to leave the house. In despair, Janine calls the police to try to get help.

Advise the following parties for their potential criminal liability, including considering whether they have any defences:

• IHL for its liability in relation to Lorik's death
• Monty for his liability in relation to the transport and employment of Arben
• Monty for his liability in relation to his relationship with Janine.

You are instructed to advise two parties in respect of their possible criminal liability. You are not required to advise about immigration or health and safety law as these are not covered by W203.

When answering this question you should:

• use the IRAC method for answering law problem questions as set out in Section 6.1.4 of the Law undergraduate guide
• carry out some of your own research on the applicable law to support your answer; however, you are not required to consider offences or defences you have not studied on the W203 module units
• structure your answer correctly as a problem answer and advise each relevant party separately, in turn
• examine all of the elements that need to be proven for any criminal offences you think are relevant to the parties you are asked to advise
• state the law in relation to these elements and apply it to the facts in the scenario, identifying which facts help to prove that each element has or has not been fulfilled
• reach a conclusion as to the likely liability of the parties you are asked to advise, based on your analysis of the relevant offences and any relevant defences.