Three recent changes to the Criminal Code

Question

Illustrate the three recent changes to the Criminal Code which have increased the exposure to criminal liability?

Answer 1

Recent changes to the Criminal Code have increased the exposure to criminal liability in three ways:

1. The physical act and mental intent of any offence do not have to be found in the same person. Therefore, corporate criminal liability can be established in multiple employees with different responsibilities.

2. The physical act may be committed by any employee or contractor or a combination of them.

3. Corporate mens rea may be found not only in those with policy-making authority but also in those senior officers with operational responsibilities.