|
Scotland | Culpable Homicide | Law (1834 words) |
 | Although the Judge uses the term 'negligence' it appears from comments made in the recent Transco criminal appeal that it is not necessary to prove that the the defendent owed a 'duty of care' (as is required in the English law of manslaughter). |
| Finally, and importantly, it is not suggested on the face of the charge that any individual or individuals or any group of individuals acting collectively within the appellant's organisation was, against knowledge had by him, her or them personally and conduct in the light of that knowledge, guilty of the culpable homicide of the deceased. |
| So, although no individual or individuals might have had such actual knowledge as was required in the circumstances for the mens rea of culpable homicide and acted (or failed to act) with that state of mind, the company could be regarded as having acted with the requisite state of mind. |
Feeds |
Contact