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Buffy2010  
#1 Posted : 06 November 2009 15:41:57(UTC)
Rank: Forum user
Buffy2010

Hiya, could someone please clarify something for me. I am struggling to understand one aspect of the case - is the section 37 charge the common law charge i.e. the common law manslaughter charge? And is common law an aspect of criminal law? For some reason I just don't get it and i am confusing myself and probably all of you too!
Safety Smurf  
#2 Posted : 06 November 2009 15:55:57(UTC)
Rank: Super forum user
Safety Smurf

Proving that death has been caused by a breach of section 37 (criminal law), proves that an offence of manslaughter (common law) has been comitted.
Canopener  
#3 Posted : 07 November 2009 08:21:39(UTC)
Rank: Super forum user
Canopener

I assumne from the title of the thread that you are referring to the case against Cotswold Geotechnical Holdings Ltd, which is the first charge under the Corporate Manslaughter and Corporate Homicide Act 2007 but is is most definitely NOT the 'first corporate manslaughter case'.

The section 37 charge is under section 37 of the Health and Safety at Work Etc Act 1974, so NO it isn't a common law charge and nor is the charge of manslaughter in THIS case a common law manslaughter charge but a charge under the act I have quoted above.

Hope that helps.

Safety Smurf  
#4 Posted : 07 November 2009 10:33:28(UTC)
Rank: Super forum user
Safety Smurf

Hi Phil,
Of course it is. I stand corrected.

John
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