Rank: Super forum user
|
Afternoon,
Seems the sussex fireworks explosion boss has been found guilty of manslaughter. Anybody happen to know if this is using the new Act or just a good old-fashioned HASAWA manslaughter conviction. In any event, it's yet another small concern. I await with interest an attempt to prosecute a large and complex organisation under the new law,
John
|
|
|
|
Rank: Super forum user
|
jwk
I have not read about this conviction yet, but it must be under the common law gross negligent manslaughter. The Corporate Manslaughter...Act does not allow for individual liability and since its introduction the former common law 'corporate' manslaughter has been abolished.
With regards to a large organisation being prosecuted under the CM&CH Act - don't hold your breath. I would be surprised if the Act is even capable of providing a conviction for a large organisation. We will have to see after a number of smaller companies are prosecuted and presumably convicted.
Ray
|
|
|
|
Rank: Super forum user
|
As Ray has pointed out, the 'new' act deals with CORPORATE offences, not to individuals, so looking at the BBC report I suggest that they have been found guilty of GNM. There isn't anything within HASAWA that allows for a charge or conviction of manslaughter! I am not sure what your concern is and wonder if you can elaborate? I for one has no great concern about people being brought before the courts to answer for their crimes, especially where, as in this case someone has been found to be 'grossly negligent'.
I would think that you will have to wait some time yet to see a large organisation charged and convicted of CM/CH as my understanding is that the evidential requirements must also post date the act coming into effect. I personnally am a little more confident than Ray that the act will enable a conviction of a larger organisation, and certainly the likelihood is greater than previously. But like Ray I won't be holding my breath.
|
|
|
|
Rank: Super forum user
|
Phil, no there isn't, sorry, sloppy thinking; GNM arising from a breach of duty of care leading to a death.
Thanks for the clarification, I hadn't considered the individual vs corporate aspects,
John
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.