Criminal Law

In an amalgamation, can the transferee entity be fastened with corporate criminal liability for offences which the amalgamating entity is accused of?

A corporation is virtually in the same position as any individual and may be convicted of common law as well as statutory offenses including those requiring mens rea. The criminal liability of a corporation would arise when an offense is committed in relation to the business of the corporation by a person or body of persons in control of its affairs. In such circumstances, it would be necessary to ascertain that the degree and control of the person or body of persons is so intense that a corporation may be said to think and act through the person or the body of persons

Category: Criminal Law, Insolvency and Bankruptcy Code 2016   Posted on: September 17, 2023

What is the law of defamation?

Defamation is defined as spoken or written words or visible representations, concerning any person intended to harm his/her reputation. Exceptions to this include an ‘imputation of truth’ required for a ‘public good’, or the conduct of any person touching any public question, or expressing opinions on a public performance

Category: Criminal Law   Posted on: September 7, 2022

Can an externment order under the Police Act be challenged in Court?

An order of externment must always be restricted to the area of illegal activities of the externee. The executive order must demonstrate due application of mind on the part of the statutory authority. When the validity of an order is questioned, what would be seen is the material on which the satisfaction of the authority is based. The satisfaction of the authority although primarily subjective, should be based on objectivity

Category: Criminal Law   Posted on: September 7, 2022