Historically, the prospect of introducing a corporate manslaughter charge has drawn mixed reviews. While submissions were made in support of the adoption of the offence in the lead up to the enactment of the HSWA, the offence was not ultimately included. At the time, questions were raised about the desirability of creating a corporate manslaughter offence in the absence of a more general overhaul of corporate criminal responsibility. Comparisons will likely be made with corporate manslaughter regimes introduced overseas, notably in the United Kingdom, Canada and the Australian Capital Territory. Those jurisdictions take different approaches, and in addition to consideration of what features might be desirable in New Zealand, the following questions may be raised: • Whether a standalone manslaughter offence would be a significant addition to the present regime considering the significant penalties already available pursuant to the HSWA (up to $3 million in cases of recklessness). • Whether it would provide for aggregation of the elements of the offence, even if committed by different individuals across an organisation. • Whether elements of the offence would need to be committed by "directing minds" of the company. The next steps from the Government may shed some additional light on this interesting issue.
*At the time of the original publication of this article the High Court was considering three appeals of sentences, following a hearing in May. ** This article is intended only to provide a summary of the subject covered. It does not purport to be comprehensive or to provide legal advice. No person should act in reliance on any statement contained in this publication without first obtaining specific professional advice. If you require any advice or further information on the subject matter of this newsletter, please contact Russell McVeagh.
THE AUTHORS
Mark Campbell Special Counsel
Owen Jaques Special Counsel
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