Corporate Manslaughter

Corporate manslaughter is a crime that can be committed by a corporation or organisation. It occurs when a company’s gross negligence leads to a person’s death.

The actus reus of corporate manslaughter involves a serious breach of duty of care that results in a person’s death.
This breach must be linked to the way the corporate activities are managed or organised.
This breach ultimately needs to have caused a significant risk of serious harm, leading to death.

For corporate manslaughter, the mens rea is a little different from other crimes. It uses a test of gross negligence rather than looking at intention.
The jury needs to determine whether the company’s conduct was so far below what could reasonably be expected in the circumstances that it was grossly negligent.

For a company to be found guilty of corporate manslaughter, the gross negligence must be a substantial element in the breach of duty of care.
This means that the negligence must be at the level of senior management. This includes anyone who makes significant decisions about the organisation, or actual decisions about the specifics leading to the death.

If a company is found guilty of corporate manslaughter, it can face unlimited fines.
A court can also issue a remedial order, requiring the company to address the health and safety failure that led to the death.
A Publicity Order can also be issued, forcing the organisation to publicise the conviction, details of the offence, and the fine.

There are a few potential defences to corporate manslaughter, such as if the company can demonstrate that it had all the proper procedures in place and those procedures were followed appropriately.
It could also be a defence if it can be shown that the person’s death was substantially caused by factors outside of the company’s control.

A charge of corporate manslaughter has significant implications for a company. It not only results in hefty fines but can significantly damage the reputation of a corporation.
It may also lead to an in-depth investigation of the corporation’s overall health and safety culture and practices, which can reveal further issues.
As a result, businesses should ensure a strong and thorough understanding of health and safety regulations, and a culture of adherence to these understood and practised at all levels of the company.