An Appraisal of Vicarious Liability in Criminal Law

Abstract

The law on vicarious liability flows from two perspectives.  The first is in the area of torts, which is wholly civil.  The second is in the area of criminal law.  It is, therefore, vicarious liability in criminal law, which forms the centrality of this paper. The general position of the law is that no person should be held criminally liable for an offence except some measure of fault is traced or traceable to him.  The exceptions are in respect of offences of strict and vicarious liabilities where the element of fault or guilty mind is dispensed with.  This paper examines the topic against the background of the common law and statutes, the different factors affecting vicarious liability in criminal law, types of vicarious liability offences, the position of corporations in respect of the crime and, the justifications for the existence of the crime. This paper advocates for offences vicarious liability to be created expressly by statutes. It also enjoins the criminal justice system to sensitize the public on the existence of the crime.