Corporate Manslaughter Essay Example | Topics and Well Written Essays - 2250 words

Corporate Manslaughter - Essay Example If the director or senior manager is found guilty then the company is also found guilty. But if the director or senior manager is found to be innocent then even the company is found to be innocent. (Bergman, 2003) Involuntary manslaughter is when someone kills without actually intending to cause death or serious hurt but was blameworthy in some way. There are multiple categories of manslaughter. There is also a concept of gross negligence manslaughter. According to the Crown Prosecution Service there are various factors to be taken into consideration before a company can be prosecuted for gross negligence manslaughter. The first factor to be considered is that there was a duty of care owed by the accused to the deceased. The second factor to be proved is that there was a breach of duty of care by the charged. The third factor to be proved is that the death of the deceased was caused by the breach of duty of care by the accused. The fourth important factor to be considered is that the breach of duty of care by the accused was big enough to be characterised as gross negligence and therefore an offense. Under the current law it is mandatory to identify a specific individual as a controlling mind who is personally guilty of manslaughter. ... This is the biggest stumbling block in trying to prove corporate manslaughter. In spite of very serious failures by the directors and senior managers of large companies it has been very difficult to prosecute them. One of the reasons is that large companies frequently assign safety decisions to junior managers or to outside agencies. (Bergman, 2003) In the past some large companies have been charged for manslaughter but unfortunately all the cases have failed. The Herald of Free enterprise sank off the coast of Zeeburgge in March 1987 shortly after it had left the port with its bow doors open. The trail collapsed during its initial stages. The judge ruled that there was no sufficient evidence of negligence on the part of the directors or senior managers which possibly could have resulted in the disaster in which 193 passengers were killed. (Bergman, 2003) The Southall rail crash occurred in September 1997 on the Great Western Railway Line at Southall. Six people were killed and over a 150 people were injured. The crash occurred when 1032 Great Western Intercity from Swansea to London Paddington which was operating with a defective Automatic Warning System indicator went through a red signal and collided with a goods train (Southall Rail Crash, 2006). The company was exonerated of corporate manslaughter after Scott Baker J ruled that the liability of manslaughter can only be imposed on the company on the principle of identification. (Simester and Sullivan, 2002) The Crown Prosecution Service tried to impeach the company without prosecuting any individual director or manager. But due to the court ruling the case could not go ahead on this basis. The company was fined 1.5 million pounds after it pleaded guilty to