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.