Corporate Criminal Liability: An Assessment of the Models of Fault

Abstract

Current theories of corporate criminal liability in the UK are derived from the nominalist perspective. From this perspective, a company is nothing more than a collection of individuals. This article reviews three prominent models of fault that are based upon this perspective. It will be shown that these models have severe limitations. Primarily, these models fail to reflect the reality of modern corporate decision-making. This article, after briefly justifying the imposition of liability directly upon corporations, proceeds to examine models that are based upon the notion of organisational fault. It will be argued that the corporate culture doctrine, as implemented in Australia, is the most suitable model for imposing liability upon a corporation.