Corporate Manslaughter by Unsafe Food : an Australasian Perspective / S. M. Solaiman.

Format:

Book

Author/Creator:

Solaiman, S. M., author.

Series:

Law, crime and law enforcement.

Law, Crime and Law Enforcement Series

Language:

English

Subjects (All):

Criminal liability of juristic persons.

Criminal liability of juristic persons--Australasia.

Right to food--Australasia.

Right to food.

Food contamination.

Food law and legislation--Australasia.

Food law and legislation.

Physical Description:

1 online resource (302 pages)

Edition:

First edition.

Place of Publication:

Hauppauge, New York : Nova Science Publishers, [2024]

Summary:

This book promotes the relatively new concept of food manslaughter or manslaughter by unsafe food and is presented in light of the laws of Australia, Bangladesh and India with sporadic references to the laws of the United Kingdom, the United States and a few countries from the Asia-Pacific region. Analysis persuasively justifies the characterisation of this heinous crime as criminally negligent manslaughter considering the elements of the offence together with different theories of criminalisation and deterrence. This book provides novel research and is the first of its kind in the existing literature. It will be an immensely useful resource for researchers, academics, practitioners, prosecutors, regulators, and consumers in general to fight for the right to safe food.

Contents:

Intro

Contents

Preface and Acknowledgments

Acronyms and Abbreviations

Legislation

Cases

International Instruments

Chapter 1

Introduction: Unsafe Food and Its Fatal Consequences

Abstract

1.1. Introduction

1.2. Major Factors of Making Food Unsafe

1.2.1. Food Adulteration

1.2.2. Food Contamination

1.2.3. Food Allergen

1.3. Research Methods

1.3.1. Comparative Method of Legal Research

1.3.2. Doctrinal Legal Research

1.4. Definition of Food and Unsafe Food − Referring to Existing Legal Prescriptions in the Selected Jurisdictions

1.5. Fatal Consequences of Unsafe Food and Corresponding Economic Losses

1.6. Conclusion

Chapter 2

The Interplay between the Right to Life and the Right to Safe Food

2.1. Introduction

2.2. The Meaning of the Right to Food

2.3. Recognition of the Right to Food as an International Human Right and Corresponding State Obligations

2.4. Recognition of the Right to Food in International Customary Law

2.5. Recognition of the Right to Food as a Constitutionally Guaranteed Right

2.5.1. The Right to Food in the Constitution of Bangladesh

2.5.2. The Right to Food in the Constitution of India

2.5.3. The Right to Food in the Constitution of Australia

2.6. Conclusion

Chapter 3

Criminally Negligent Manslaughter and Its Relevance to Unsafe Food

3.1. Introduction

3.2. Definition of Criminally Negligent Manslaughter

3.2.1. Elements of Criminally Negligent Manslaughter

3.3. Relevance of Criminally Negligent Manslaughter to Food Safety

3.3.1. The Harm Principle

3.3.2. Deterrence Theory as a Justification for Food Manslaughter

3.3.3. Utilitarianism Theory as a Justification for Food Manslaughter

3.4. Corporate Homicides by Unsafe Food

3.5. Conclusion

Chapter 4.

Elements of Criminally Negligent Manslaughter by Unsafe Food under Common Law

4.1. Introduction

4.2. Common Law Definition of Criminally Negligent Manslaughter and Its Elements

4.3. A Critical Analysis of the Common Law Elements of Criminally Negligent Manslaughter as Applicable to Deaths Caused by Unsafe Food

4.3.1. The Existence of a Duty of Care Owed by the Defendant to the Victim

4.3.1.1. Test to Determine the Existence of a Duty of Care

4.3.1.2. Two Leading Common Law Manslaughter Cases Concerning Food Safety

R v. Kuddus (2019)

R v. Zaman (2017)

4.3.2. Negligent Breach of the Duty of Care

4.3.2.1. Breach of the Duty of Care by Action

4.3.2.2. Breach of the Duty of Care by Omission

4.3.3. Mens Rea −Gross or Wicked Negligence of Defendants

4.3.4. Causal Link between the Victim's Death and Defendant's Negligent Conduct

4.3.4.1. Test for the Determination of Causation

4.3.4.2. Effect of a Novus Actus or a Supervening Act

4.4. Negligent Breach of a Duty of Care by Corporations

4.4.1. Gross Negligence of Corporations

4.4.2. Corporations-From Abstraction to Personhood Warranting Liability

4.4.3. Identification Theory

4.4.4. Test to Determine Corporate Guilt

4.5. Onus and Standard of Proof

4.6. Summary and Conclusion

Chapter 5

Criminally Negligent Manslaughter by Unsafe Food under Statutory Laws

5.1. Introduction

5.2. Definition of Manslaughter under Statutory Laws and Its Applicability to Individuals and Corporations

5.2.1. Lack of Clarity Benefits Perpetrators

5.2.2. Ambiguities in the Current Definition of Criminally Negligent Manslaughter in Bangladesh and India

5.2.3. Not Amounting to Culpable Homicide

5.3. Elements of Criminally Negligent Manslaughter under Statutory Laws

5.3.1. The Existence of a Duty of Care.

5.3.2. Breach of the Duty of Care by Rash or Negligent Act as Actus Reus of the Defendant

5.3.3. Negligence as Guilty Mind or Mens Rea− Grossly or Wickedly Negligent Conduct

5.3.3.1. Test Applicable to Establish Gross Negligence

5.3.4. Causation of Death of the Victim

5.4. Burden of Proof of the Elements of CNM

5.5. Corporate Manslaughter

5.5.1. Facilitation of Corporate Conviction by the CMCHA 2007

5.5.2. Corporate Aggregation Theory to Prove Gross Negligence

5.5.3. Corporate-Culture Theory to Prove an Organisation's Gross Breach of the Duty of Care

5.5.4. Corporate Defendants−Causation Requirement under the CMCHA 2007

5.5.5. Corporate-Culture and Aggregate Theories in Australia

5.5.6. Negligence as a Corporate Fault Element

5.5.7. Food Manslaughter −The Applicability of the Corporate Manslaughter and Corporate Homicide Act 2007 (UK) and the Criminal Code Act 1995 (Australia)

5.6. Coverage Dilemma - Whether 304A Imposes Liability on Bodies Corporate in Bangladesh and India

5.7. Punishments for Food-Related Manslaughter

5.7.1. Publicity Order as a Supplementary Punishment

5.8. Summary and Conclusion

Chapter 6

Conclusion and Recommendations

6.1. Introduction

6.2. Major Conclusions and Recommendations in Each Chapter

6.3. Conclusion

About the Author

References

Index

Blank Page.

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Other Format:

Print version: Solaiman, S. M. Corporate Manslaughter by Unsafe Food: an Australasian Perspective

ISBN:

9798891138513