Staying focused on the big picture: should Australia legislate for corporate manslaughter based on the United Kingdom model?

摘要

This paper examines the current position regarding corporate manslaughter primarily in the United Kingdom (with some comparison with the position in Australia), and aims to formulate answers to the following two questions: is the corporate manslaughter legislation enacted in the United Kingdom a success, and is the enactment of corporate manslaughter legislation in Australia warranted? Thereafter, taking into account the information discussed and conclusions reached as regards the initial two questions, the writers put forward their arguments as to what is the correct approach that should be taken generally in relation to corporate manslaughter and the enactment of appropriate legislation.