ABSTRACT

There are some circumstances in which the law rules that a person is not capable of committing a crime. The main limitations are on children under the age of ten, mentally ill persons, corporations. A corporation cannot commit crimes of a physical nature, such as bigamy, rape or perjury, though it may be possible for a corporation to be liable as an accessory. A corporation can be liable for manslaughter and under the Corporate Manslaughter and Corporate Homicide Act 2007. There are three different principles by which a corporation may be liable. These are the principle of identification, vicarious liability, breach of statutory duty. As a corporation has no physical existence it is necessary to identify those people within the corporation who can be considered as the directing mind and will of the company. The Corporate Manslaughter and Corporate Homicide Act 2007 were passed to make larger corporations more accountable for poor practices.