When can a manager be prosecuted for offences committed by a
body corporate? A recent decision of the Court of Appeal, DPP v TN, found that a manager can be
prosecuted for company offences where he/she has functional
responsibility for a significant part of the company's
activities and h s direct responsibility for the area in
controversy.
THE CHARGES
Mr TN was charged with offences under the Waste Management Act
1996 relating to dumping and waste-related activities at a facility
in Co Kildare, operated under a waste licence granted to Neiphin
Trading Limited. The Director of Public Prosecutions (DPP) charged
Mr TN in his capacity as the manager of the facility.
THE LAW
Section 9(1) of the Waste Management Act provides that
where:
