P1
Explain the elements of crime necessary to establish liability for corporate manslaughter and apply in given scenarios.
Scenario 1 – Corporate manslaughter
Charlie is a college student who also works as a part time shop
assistant for Sporteze Ltd. For months he has been aware that the
roof over the cashiers’ station needed repairs because it was leaking
in places and started to crack. Charlie has informed the shop owner
Davinder, who has also received warnings from the Health and
security Executive (HSE) as well as the Council. Davinder assured
Charlie that he had inspected the roof himself and the leaks were
coming from a loose pipe and not the roof. So the cracks were not
serious. He promised to fix the leak and the cracks but never got
round to it.
One Saturday, during a heavy rainfall, the roof falls and kills Charlie
and injuring several customers.
What liability does Sporteze Ltd have for Charlie’s death?
P2
Explain the elements of crime necessary to establish liability for non- fatal offences against the person, and apply in given scenarios.
Scenario 2 – Non-fatal Offences
Adrian worked for Lexford Ltd as an assistant sales manager.
John was the company’s managing director and a shareholder.
All members of staff were invited to the company’s Christmas
party at a local restaurant. B went to the party.
After the party, a number of guests went on to a hotel with
John and carried on drinking. The company paid for some of
the alcohol consumed. John overheard some staff laughing and
joking about Adrian having an affair with John’s wife. John
stormed towards Adrian and without warning punched Adrian
twice. Adrian struck his head on the floor and suffered serious
head injuries.
Explain, which, if any, of the non-fatal offences John
could be charged with.
Analyse corporate manslaughter liability issues for
individuals and businesses in given scenarios, applying
appropriate and relevant decided cases and current
statute law.
m1
Scenario 1 – Corporate manslaughter
Charlie is a college student who also works as a part time shop
assistant for Sporteze Ltd. For months he has been aware that the
roof over the cashiers’ station needed repairs because it was leaking
in places and started to crack. Charlie has informed the shop owner
Davinder, who has also received warnings from the Health and
security Executive (HSE) as well as the Council. Davinder assured
Charlie that he had inspected the roof himself and the leaks were
coming from a loose pipe and not the roof. So the cracks were not
serious. He promised to fix the leak and the cracks but never got
round to it.
One Saturday, during a heavy rainfall, the roof falls and kills Charlie
and injuring several customers.
What liability does Sporteze Ltd have for Charlie’s death?
M2
Analyse liability issues in non-fatal offence scenarios,
applying appropriate and relevant decided cases and
current statute law.
Scenario 2 – Non-fatal Offences
Adrian worked for Lexford Ltd as an assistant sales manager.
John was the company’s managing director and a shareholder.
All members of staff were invited to the company’s Christmas
party at a local restaurant. B went to the party.
After the party, a number of guests went on to a hotel with
John and carried on drinking. The company paid for some of
the alcohol consumed. John overheard some staff laughing and
joking about Adrian having an affair with John’s wife. John
stormed towards Adrian and without warning punched Adrian
twice. Adrian struck his head on the floor and suffered serious
head injuries.
Explain, which, if any, of the non-fatal offences John
could be charged with.
D1
Evaluate the impact that crimes of fatal and non-fatal
offences against the person may have on both
businesses and individuals, using decided cases and
recent statutes to illustrate a conclusion.
