LAW 534 Study Guide - Final Guide: Criminal Negligence, Oxymoron, Independent Contractor
30 Nov 2017
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Since managing isn"t defined in criminal code - authors draw on concepts from other areas of law (i. e. not criminal law) - business judgement rule. Managing - authorized to make business decisions (involving reasonable risks) Hanser - looking at legislative debate when creating the bill. Above the senior officer rung, the ladder is flat. Consider this at the sentencing stage: if the senior officer is a lower level one (ex. ; is not a director) then the sentence should be lower to reflect that . If this is aloud then the senior officers will give all the responsibilities to lower level and therefore the corp will get away with a lot more at a low cost to them. Analysis of factors: seriousness of offence, deterrence, proportionality / economic perspective. Can a senior officer be someone that is not an employee, under the. Metron case yes the corp is liable for. Metron constructive case ( look page 5-25)
