Question
Don's company, Crookland Pty Ltd, (Crookland) is in the construction business. Kane is the controlling shareholder and CEO of the company. He oversees and directs
Don's company, Crookland Pty Ltd, (Crookland) is in the construction business. Kane is the controlling shareholder and CEO of the company. He oversees and directs all of the company's operations. In recent years, there has been rumours that the company does not consider the safety of its employees and contractors to be important. A fatality occurred at one of its construction sites where one of the visitors to that site was killed when a concrete slab fell on the visitor. Apparently, the reason for the accident was due to the negligence of one of Crookland's employees.
Assuming that a charge of criminally negligent killing could be proven in these circumstances, could Crookland Pty Ltd be made criminally responsible for the loss of life?
Discuss the doctrines or the techniques available in law to impose criminal liability on corporations and state which ones would apply and which ones would not apply to these facts. Give reasons.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started