In its report on Corporate Criminal Responsibility, the Australian Law Reform Commission
noted that:
Prosecutions of corporations in Australia, relative to those of individuals, are
extremely rare. For example, between 30 June 2009 and 30 June 2019, the CDPP1
commenced only 13 cases against corporations for offences under the Criminal
Code. When the whole gamut of offences across the Commonwealth statute book is
considered, CDPP prosecutions against corporations during that ten-year period
numbered 580. This compares with 28,361 cases against individuals.2 The disparity
between individual and corporate prosecutions cannot be explained solely by
differences in criminogenic capability. There is no evidence that corporations are less
likely to be engaged in criminal activity than people — a corporation is itself made up
of people.3
In light of this information, please write an essay which critically analyses the following
questions:
(a) Why are prosecutions of corporations so rare in Australia? [5 marks]
(b) What are the consequences of prosecutions for corporate crime being primarily instituted
against individuals rather than corporations? When addressing this point, please consider
the implications for:
(i) victims of corporate crime;
(ii) regulators; and
(iii) the broader community. [15 marks]
(c) Should any action be taken to address these issues and, if so, what form might that action
take? [5 marks]
Your essay should include relevant examples and sources to support your responses
Word Limit: You are subject to a maximum word limit of 2,000 words, which will be
strictly enforced, with a penalty of 10% of the total available marks (2.5 marks) when
the submission is 10% above the maximum word limit, and an additional penalty of 10%
for each additional 10% over the maximum word limit. The word limit includes all
material in the body of your essay, including any in-text referencing or footnotes, but
not your bibliography.