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Report on corporate criminal responsibility in australia

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Question

In April 2020, the Australian Law Reform Commission (ALRC) published a report on corporate criminal responsibility in Australia. Quoting Professor Brent Fisse, the ALRC stated that 'attribution of criminal liability to corporations is an intractable subject: indeed, it is one of the blackest holes in criminal law' (ALRC, Corporate CriminalResponsibility (Report 136, 2022) 217).

Do you agree with this statement? In your answer, you should critically discuss TWO of the three following ways in which the law currently attributes criminal liability to corporations in Australia:

Vicarious liability;

Direct/primary liability;

'Holistic' liability under Pt 2.5 of the Criminal Code Act 1995 (Cth).

Reference no: EM133531801

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