might be involved in a fatal accident while driving well within the speed limit and with due care and attention. In the first case the driver was undoubtedly, and unlawfully, creating a risk of causing injury; in the second case the driver would appear to have been faultless yet the consequences of his having engaged in the activity of driving are more serious and the relations of the victim, and, indeed the public more widely, may need persuading that he does not deserve to be punished since, however unwillingly and unwittingly, he has caused a fatality. In recent years there has been an increased popular demand for severe criminal penalties to be imposed upon organisations and their management when commercial activity has led to catastrophic loss of life. PREVENTION NOT PUNISHMENT USE OF GENERAL CRIMINAL LAW : It was noted in the first chapter of this book that Heinrich began his classic work, Industrial Accident Prevention: A Scientific Approach, with the statement that, ‘An injury prevented is a benefaction, and injury compensated – an apology.’ This statement can be directed at the legal system with particular force. While it is appropriate that societies should provide support, through

doi:10.4324/9781843140504-130

Chapter

might be involved in a fatal accident while driving well within the speed limit and with due care and attention. In the first case the driver was undoubtedly, and unlawfully, creating a risk of causing injury; in the second case the driver would appear to have been faultless yet the consequences of his having engaged in the activity of driving are more serious and the relations of the victim, and, indeed the public more widely, may need persuading that he does not deserve to be punished since, however unwillingly and unwittingly, he has caused a fatality. In recent years there has been an increased popular demand for severe criminal penalties to be imposed upon organisations and their management when commercial activity has led to catastrophic loss of life. PREVENTION NOT PUNISHMENT USE OF GENERAL CRIMINAL LAW

Chapter

might be involved in a fatal accident while driving well within the speed limit and with due care and attention. In the first case the driver was undoubtedly, and unlawfully, creating a risk of causing injury; in the second case the driver would appear to have been faultless yet the consequences of his having engaged in the activity of driving are more serious and the relations of the victim, and, indeed the public more widely, may need persuading that he does not deserve to be punished since, however unwillingly and unwittingly, he has caused a fatality. In recent years there has been an increased popular demand for severe criminal penalties to be imposed upon organisations and their management when commercial activity has led to catastrophic loss of life. PREVENTION NOT PUNISHMENT USE OF GENERAL CRIMINAL LAW

ABSTRACT

In recent years there has been an increased popular demand for severe criminal penalties to be imposed upon organisations and their management when commercial activity has led to catastrophic loss of life.