clyde & co – Corporate Manslaughter and Gross Negligence Manslaughter sentencing
Corporate manslaughter convictions of larger companies remain rare. Convictions and sentencing of directors and senior managers for gross negligence manslaughter are however becoming more severe. A company will be guilty of the offence of corporate manslaughter if the way in which its activities are managed or organised causes a person’s death and amounts to a gross breach of a relevant duty of care owed by the company to the deceased. But this is only if the way in which its activities are managed or organised by senior management are a substantial element in the breach.
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