Which the law currently attributes criminal liability

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Question 1: In April 2020, the Australian Law Reform Commission (ALRC) published a report on corporate criminal responsibility in Australia. Quoting Professor Brent Fisse, the ALRC stated that 'attribution of criminal liability to corporations is an intractable subject: indeed, it is one of the blackest holes in criminal law' (ALRC, Corporate CriminalResponsibility (Report 136, 2022) 217).

Question 2: Do you agree with this statement? In your answer, you should critically discuss TWO of the three following ways in which the law currently attributes criminal liability to corporations in Australia:

  • Vicarious liability;
  • Direct/primary liability;
  • 'Holistic' liability under Pt 2.5 of the Criminal Code Act 1995 (Cth).

 

Reference no: EM133506616

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