The defendant pleads
successfully the defences of provocation,
suicide pact or
Formerly, only a human being
could commit manslaughter.
Manslaughter and Corporate Homicide Act 2007 has made some important changes
in respect of the liability of organisations (including companies).
Where an organisation
organises or manages its activities and a person dies and it is shown there was
a gross breach of a relevant duty of care owed by the organisation to the
deceased, the organisation commits an offence.
It is not yet clear
if manslaughter by gross negligence will still be available were appropriate.
When a company is
responsible for the death of person the law looks for someone within the company
who has been guilty of gross negligence.
The law will only convict a person or persons
responsible who are the 'brains' (management) of the company.
If it is one of the
'hands' (worker) of the company, it will be the individual and not the company
that the court will convict.