atticus wrote:Memory serves you wrong.
ok i was researching corporate manslaughter and found this
Further headway was made some thirty years after this pronouncement when, following the capsizing of the Herald, the prosecution of P & O Ferries confirmed that it was possible to charge a company with corporate manslaughter. In this case, not only the company was charged but in addition, its seven directors were also charged with corporate manslaughter. An actual corporate conviction, however, was still yet to come. The judicial inquiry severely criticized the management of P & O European ferries and the jury at the inquest returned verdicts of unlawful killing of 187 cases. Eventually in June 1989, the Director of Public Prosecutor launched prosecution against the company and the seven individuals. However, the trial collapsed after Turner J directed the jury to acquit the company and the five most senior individual defendants. The principal ground for this decision relating to the case against the company was that in order to convict the company, one of the individual defendants ‘identified’ with the company would himself have to be guilty of manslaughter.
Based on the above, the rule established appears to be that, that in order to convict a company (which obviously as a legal fiction lacks any mind of its own), it was necessary to find an individual whose acts and intention can be attributed to it. For corporate manslaughter to be established, this individual must have been:
the ‘directing mind’ of the company in this area; and
himself grossly negligent.