ABSTRACT

Contrary to its modern interpretation, the Lennard’s decision in 1915 did not constitute any turning point in the law and the criminal law was to impose corporate liability on established principles of master and servant, and agency, law for some time to come. Its subsequent elevation to “landmark” status occurred almost six decades later, providing a convenient solution to the practical and ideological difficulties of corporate prosecution, brought about by the unforeseen implications of the enlarged mens rea doctrine, for a judiciary which had set its face against the imposition of criminal fault on the basis of strict liability.