ABSTRACT
In recent years there has been a growing call to make companies criminally liable for the harm or injury suffered by third parties. The call is particularly vocal where death has been allegedly caused by a corporate failure to discharge its responsibilities. This chapter makes students aware of the difficulties that currently apply in making companies criminally liable. Statutes imposing criminal liability on companies may contain a statutory defence whereby if the defendant company can show that it had taken all reasonable precautions and exercised sufficient due diligence to avoid the occurrence of the offence then the company will not be convicted. In order for a company to be found criminally liable, unless the offence is one of strict liability, it is necessary to show, dependent on the offence in question, either a guilty intent or guilty knowledge. The use of vicarious liability may be an easier way to attach corporate criminal liability.
