An individual who is said to be the controlling mind, and have a ‘duty of care’, under certain circumstance may still be convicted of Criminal Gross Negligent Manslaughter.
A company may in many ways can be likened to a human body. They have a brain and a nerve [center] which controls what they do. They also have hands which hold the tools and act in accordance with directions from the [Center]. Some of the people in the Company are mere servants and agents who are nothing more than hands to do the work and cannot be said to represent the mind or will. Others are Directors and Managers who represent the
directing mind and will of the company, they control what they do. The state of mind of these Managers is the state of mind of the Company and is treated by the law as such.