Transco plc v HM Advocate
In the case, a public gas transporter was charged with breaking the Health and Safety at Work etc. Act 1974 s.3 and s.33(1) in respect to a gas explosion, which resulted in the death of four people. It was held that Transco had "shown a complete and utter disregard for the public," The court ruled that it was possible to prosecute for culpable homicide; However, it is possible to convict of culpable homicide only if the court could identify an individual or group of individuals being a directing mind in the company; therefore, the charges of culpable homicide were irrelevant and subsequently dismissed. The company was later prosecuted on the charge of health and safety and fined £15m.
This case, along with others of this type paved the way for major legislative changes. This is area is now governed by the Corporate Manslaughter and Corporate Homicide Act 2007.
- Aisha Anwar (2007-09-06). "Killing in company". the Journal online. The Law Society of Scotland. Retrieved 2008-11-19.
- James Chalmers (2004). "Corporate Culpable Homicide: Transco plc v H M Advocate". Edinburgh Law Review. 8 (Sep 2008): 262–266. doi:10.3366/elr.2004.8.2.262.
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