Simon Parsons
Southampton Solent University
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Publication
Featured researches published by Simon Parsons.
Journal of Criminal Law | 2003
Simon Parsons
This article examines corporate liability for manslaughter. It considers the legal effect of the ‘identification’ doctrine and how it operates as a legal barrier to potential corporate liability. The question of whether the ‘conduct’ of a corporation is a cause of death is also examined. The article maintains that the Court of Appeal in Attorney Generals Reference (No.2 of 1999) had the opportunity to remove the legal fiction of identification and to overcome the problem of causation, so that a proper appraisal of an organisational structure can be made in order to ascertain whether a corporations safety performance was grossly negligent.
Journal of Criminal Law | 2018
Simon Parsons
It has been just over 10 years since the Corporate Manslaughter and Corporate Homicide Act 2007 (the Act) was brought into force on 6 April 2008. The Act abolished killing by gross negligence manslaughter in respect of corporations and abandoned the identification doctrine, so that a corporation cannot be attributed with liability for that crime. In its place, the Act creates in English law the offence of corporate manslaughter. The purpose of the change was to enable the courts to get away from the identification doctrine with its emphasis on the directing mind of the corporation being grossly negligent to an offence that would impose direct personal liability on a corporation where there has been a gross management failure which was the cause of a person’s death. The offence enables the conduct of all the management within a corporation to be taken into account when ascertaining whether there were systemic failures in respect of safety that caused a death. Thus, both small and large corporations could face liability for the offence of corporate manslaughter. However, a substantial contribution by senior management to the gross breach of duty is required. Has this requirement made the offence ineffective against large corporations? The case law does appear to give an answer to that question.
Journal of Criminal Law | 2016
Simon Parsons
The law on joint enterprise murder has been harsh on secondary parties and in R v Jogee the Supreme Court attempts to alleviate this harshness by reversing an incomplete and erroneous reading of the previous case law. This comment considers whether this liberalisation of the law in favour of secondary parties is more apparent than real.
Journal of Criminal Law | 2015
Simon Parsons
This article examines the case law on the loss of control defence and considers whether the interpretation of the defence has been too conservative so that the defence is barely available as a defence to murder.
Journal of Criminal Law | 2012
Simon Parsons
Journal of Criminal Law | 2004
Simon Parsons
Journal of Criminal Law | 2012
Simon Parsons; Benjamin Andoh
Journal of Criminal Law | 2012
Simon Parsons
Archive | 2010
Benjamin Andoh; Simon Parsons; Philip Jones; Brenda Watts
Journal of Criminal Law | 2007
Simon Parsons