Division 12

So far as offences of general application are concerned there is no impediment to conviction of a corporation.

In the large majority of offences, it is impossible for a corporation to engage in conduct unless it does so via the medium of a human agent.

Provides an explicit set of rules for attributing the fault elements of intention, knowledge and recklessness to corporations. States of mind that provide the basis for a finding of individual fault are given corporate equivalents.

Negligence, which is a marked or gross failure to meet required levels of care, does not require proof that risks were known or contemplated by either the agent or the corporation.

The fact that a corporate agent made a reasonable mistake is not sufficient to exculpate the corporation. The corporation must take the further step of proving that it exercised due diligence in the supervision of the agent.

A corporation has no defence of intervening conduct when the unexpected and uncontrollable conduct in question is that of an employee, agent or officer of the corporation.