Parties to Corporate Offending: A Director's Liability

Type of content
Journal Article
Publisher's DOI/URI
Thesis discipline
Degree name
Publisher
University of Canterbury. School of Law
Journal Title
Journal ISSN
Volume Title
Language
Date
2015
Authors
Hawes, C.
Abstract

When a company is convicted of criminal offending, the liability must necessarily be based upon some conduct performed by a human agent. The relationship between the company and the agent must be examined in this context to ascertain whether the company, the agent, or both, may be guilty of the offending, and the issue of accessory liability may also arise. This article considers the case of Cullen v R [2014] NZCA 325, in which the director of a company whose conduct was attributed to the company was treated as a secondary party although the company itself was not charged. The article evaluates the approach taken by the Court of Appeal which, it is argued, added unnecessary complexity to this area of law.

Description
Citation
Hawes, C. (2015) Parties to Corporate Offending: A Director's Liability. Oxford University Commonwealth Law Journal, 14(2014), pp. 311-320.
Keywords
Ngā upoko tukutuku/Māori subject headings
ANZSRC fields of research
Field of Research::18 - Law and Legal Studies::1801 - Law::180110 - Criminal Law and Procedure
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