The corporation is regarded as a legal entity or person, separate and distinct from its members.
It has the ability to form mens rea. This position was declared in R v ICR Haulage, where during a charge of conspiracy and defrauding, a company objected that it was not a natural person thus didnt have a mind to form mens rea. The court held that the acts and states of minds of the company's servants could be treated as that of the company itself.
The liability of corporations is limited as some offences such as perjury and bigamy cant be committed by corporations. An offence such as murder would not apply as the punishment cant be subjected to a corporation. In Regina v Nasser Ginners Ltd, a company was able to be convicted of an offence of failure to securely fence a cotton opener.
Whe an offence is committed by a corporate, as per s.23 of Penal Code, every person who is in charge of the control of the management of the affairs or activities of the corporation is liable to be punished for it.
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