Abstract

A company or corporation, enjoys a separate existence from its owners and from those who manage its day-to-day affairs. Although the separate legal personality of a company has been a well-established concept, whether a company's wrongdoing can be subject to the sanction of criminal law has been a vexed question. While it is trite law that the individuals managing a company may be liable under criminal law for wrongful acts carried out by them, the thornier issue pertains to whether the acts of such managers can be attributed to the company (through its separate legal existence) thereby making it liable to the consequences of an offence under criminal law.

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