Although the eschewing of Crown immunity was widely welcomed, both complete exemptions and partial exemptions exist to cover decisions relating to the allocation of public resources or the weighing of competing public interests, terrorism operations and exclusively public functions alongside exemptions related to emergency responses and the training for those responses. Free resources to assist you with your legal studies! Corporate Manslaughter is a topic of intense and rigorous debate. [9] This is the acts causation element which is left undefined. If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! Corporate Manslaughter Case Study - 1277 Words | 123 Help Me Dedan Simmons, 39 (09.04.83), of Clapham Road, SW9, was charged on Thursday, 2 March. In the second case, the managing director of Jackson Transport (Ossett) Ltd was sent to prison for a year in 1996 following the death of an employee who inhaled chemicals. These include the Kings Cross Underground Fire, The Clapham Rail Crash, and The Herald of Free Enterprise tragedy. clapham rail disaster corporate manslaughter Do you have a 2:1 degree or higher? [6] The accident had tripped the high-voltage feed to the traction current. The commission continued and analysed the Herald of Free Enterprise tragedy highlighting that the jury at the inquest returned verdicts of unlawful killing in 187 cases and the DPP launched prosecutions against the companies and seven individuals. The starting position is that corporations undoubtedly ought not to kill without a good reason calling into question the requirement for a duty at all. The ship capsized in March 1987, killing 193 of the passengers and employees onboard. However, criticism of the act alleged that in some ways the act was a wolf in sheeps clothing; a lack of individual culpability, the Identification Doctrine replaced by the Senior Management test (which some suggest could be troublesome to overcome in large and complex organisations), and exclusions wide enough to give the impression of Crown immunity by the back door. Edit Like Comment . The CPS write in their legal guidance that The intention was to follow aspects of the law on gross negligence manslaughter. Enforcement of Corporate Manslaughter - LawTeacher.net