ACCA Applied Skills · Corporate and Business Law (Global) · Business, political and legal systems
Kestrel Ltd's employee Dana negligently causes a road accident while on a delivery, injuring a pedestrian, Omar. Dana is also prosecuted for dangerous driving. Which statement is correct?
The same facts can lead to both a criminal prosecution and a civil claim. Criminal law punishes wrongdoing on behalf of the state, while civil law compensates the victim. Omar can still sue even though Dana is prosecuted.
- AThe same facts can give rise to both a criminal prosecution and a separate civil claimCorrect
- BOmar cannot sue because the state has already prosecuted Dana
- CThe civil claim must be decided before any prosecution can start
- DA criminal conviction replaces any civil liability, so damages cannot be awarded
Explanation
Criminal and civil proceedings are separate, with different purposes: punishment versus compensation. The same conduct may lead to both, and one does not bar the other.
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