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Ortho and his wife Pamela are the only shareholders and directors of Orion Pty Ltd (Orion) which owns a gym. Orion employs Ortho as manager

Ortho and his wife Pamela are the only shareholders and directors of Orion Pty Ltd (Orion) which owns a gym. Orion employs Ortho as manager of the gym. One day Ortho shot and badly injured an intruder who was attempting to vandalise the gym. Ortho has been charged with attempted murder. Which of the following statements is NOT correct? a. Orion may be liable for the criminal offence under statutory criminal provisions if it is vicariously liable for the act of Ortho committed within the scope of his employment. b. Orion may be liable for the criminal offence at common law, where it is vicariously liable for the act of Ortho committed within the scope of his employment. c. Orion may be liable for the criminal offence if Orion failed to perform a non-delegable statutory duty. d. Orion may be liable for the criminal offence if Ortho is seen to be the 'directing mind and will of the company

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