Employees breaking laws

Question 1

Intention - Meridian Global Funds Asia Ltd v Securities Commision 1995

Answer 1

Most crimes, such as theft, require an intention – theft requires an intention to permanently deprive. This is called the mens rea – the mental element. Meridian Global Funds Asia Ltd v Securities Commission [1995]

Question 2

HL Bolton (Eng) Ltd v TJ Graham and Sons Ltd 1957

Answer 2

HL Bolton (Eng) Ltd. v TJ Graham and Sons Ltd [1957] – Denning - “Some of the people in the company are mere servants and agents who are nothing more than mere hands to do the work and cannot be said to represent the mind or will. Others are directors or managers who represent the directing mind or will of the company, and control what it does. The state of mind of these managers is the state of mind of the company and is treated by the law as such.”

Question 3

Tesco v Nattrass

Answer 3

Controlling mind’ of company are directors (Tesco v Nattrass) so can an employee be acting ‘as’ the company making the company guilty.

Question 4

Actus reus

Answer 4

Actus reus – guilty conduct by the defendant. Some crimes are strict liability – they don’t require intention (such as ‘causing pollution’), just having done the act (actus reus) is enough.