Corporate governance Flashcards
(23 cards)
When is the employer liable for crimes requiring MENS REA?
If the crime is committed during the course of business
When is the employee liable for crimes requiring MENS REA?
If the employee does not act as an agent of the company
What happens if a store advertises the wrong price for a product?
The store can still refuse to sell it. Once sold, however, the buyer may keep it if desired
What happens if a company advertises the wrong price for a product online?
It depends on the terms and conditions
Corporate manslaughter
Holding a company responsible as well for individual manslaughter due to poor company practices, etc.
Especially in the case of gross negligence
Involuntary manslaughter
–> types (2)
When there is a homicide without any intention of it happening
- Constructive
- Negligent
Constructive manslaughter
A dangerous yet unintentional act that led to the murder
Negligent manslaughter
When a death occurs from serious negligence of something
i.e. doctor forgetting scissors in the body during surgery
Basic principles of criminal law (2)
- Actus reus - Act or omission being sought to prevent
2. Mens Rea
Actus reus
The physical act of the crime;
The jury has to prove that the accused party is responsible for a deed prohibited by criminal law
Mens rea
describes the mental state a person must be in while committing a crime for it to be intentional.
It must show beyond any reasonable doubt that the suspect actively and knowingly participated in a crime that harmed another person or their property.
Strict liability crimes
NO mens rea needs to be proven
Mostly statutory offences
Offences against property
–> Categories (2)
- Fraudulent
2. Non-fraudulent
Fraudulent offences against property (3)
- False representation
- Failure to disclose information
- Abuse of its position
Non-fraudulent offences against property (4)
- Theft
- Burglary
- Blackmailing
- Criminal damage
Types of actus reus (3)
- Conduct crime - constituted by behaviour
- Result crime - Requires a particular result or consequence
- Omission - No criminal liability for NOT acting, UNLESS a law imposes otherwise
Types of Men Rea (3)
- Intentional
- Direct: Consequence is desired
- Indirect: Forseen as certain even if not desired - Recklessness - take an unjustifiable risk
- Negligent - Failure to meet the standard of a responsible person in the situation
Corporate fraudulent offences (4)
- False disclosure of information
- Bribery
- Insider dealing
- Hacking
Non-fatal offences (4)
- Assault - Putting in fear of being physically harmed
- Battery - Hostile interference with the body of someone
- Actual bodily harm - Less than grievous but more than battery
- Grievous bodily harm - Really severe harm
Assault
Putting in fear of being physically harmed
Battery
Hostile interference with the body of someone
Grievous bodily harm
Really severe harm
Actual bodily harm
Less than grievous but more than battery
