Question) How do courts determine whether a company is liable for a wrong under a particular statute?

a. Crime is a common law concept and every crime requires a guilty intention. A statute cannot remove the need for the prosecution to prove a guilty intention under a statute

b. Statutory law dealing with crimes is held purely within the crimes legislation. It is not possible to determine a crime under any statute that is not part of criminal legislation

c. Under the doctrine first formulated under Mousell Bros Ltd, a court must first consider the object of a statute, and on whom the liability will be imposed. If the statute does not require a guilty mind, the wrongful action will be sufficient to impose liability on a company for a crime

d. A court does not have to consider the objects of a statute in particular; it is sufficient to apply common law doctrines to whether the company has a guilty mind and guilty act, which makes the company liable, if a criminal penalty is enshrined in a statute