Question

1. A building company was in financial difficulty and trying to save money on equipment. A director of the company was at one of the company’s construction sites when an employee complained to her that he did not have a safety helmet. The director told the employee to carry on working even though she was aware of the risk of death or serious injury by working without a helmet. Later that day the employee was killed when an iron bar fell onto his head as he was working. He would have survived if he had been wearing a safety helmet. Prosecutors are now considering an appropriate offence with which to charge the director.

Murder

Gross negligence manslaughter.

Voluntary manslaughter.

Corporate manslaughter

2.

An organisation will be guilty of an offence of corporate manslaughter if the way in which its activities are managed or organised

• cause a person’s death and
• amount to a gross breach of a relevant duty of care owed by the organisation to the deceased.

True

False

3.

What organisations are affected by the Act? tick all that apply

NHS Trusts

Companies

Partnerships

Trade unions

Charities

Government departments

Directors

Sole traders

4.

The Corporate Manslaughter and Corporate Homicide Act 2007 states that companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.

True

False

Answer 1

1) As per corporate manslaughter and corporate homicide act 2007, this act doesnt apply to individual such as director or manager however they can be still prosecuted under common law for manslaughter by gross negligence .if it is proved that a) there has been a breach of duty b) gross negligence of duty was involved c) defendent owed a duty of care to the deceased.

In the present question director can be procecuted under "Gross negligence of Manslaughter"

2) Yes

the organisation can be held guily of coroporate manslaughter if as a resulf of gross negligence of senior management result in gross breach of duty of care.

3) Following organisation are affected by the act

Companies

Partnerships

Trade unions

Government departments

4) True

as per Corporate Manslaughter and Corporate Homicide Act 2007, companies and organisation can be found guiltly of corporate manslaughter.