Road Traffic: Causing Death Offences

English Law has a range of offences involving the causing of death when driving:

• A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence: Road Traffic Act 1988 s.1

• A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence: Road Traffic Act 1988 s.2B

• A person is guilty of an offence ... if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under—

(a)section 87(1) of this Act (driving otherwise than in accordance with a licence),

(b)section 103(1)(b) of this Act (driving while disqualified), or

(c)section 143 of this Act (using motor vehicle while uninsured or unsecured against third party risks): Road Traffic Act 1988 s3ZB

• Causing death by careless driving when under the influence of drink or drugs: Road Traffic Act 1988 s3A.  The driving has to be of a mechanically propelled vehicle on a road or other public place.

The offence under section 3ZB was introduced from 18th August 2008 by the Road Safety Act 2006 which inserted s3ZB into the Road Traffic Act 1988.  The Court of Appeal (Criminal Division) considered the case in R v Jason John Williams [2010] EWCA Crim 2552 and see this blog 3rd November 2010 - "Uninsured drivers beware."   The key feature in the Court of Appeal's decision was that the defendant's driving need not have been in any way blameworthy.  Further, the judge must explain to the jury that the driving had to be a cause that was more than minute or negligible.

A further decision of the Court of Appeal (Criminal Division) has decided a "terminating ruling" made by the Recorder of Newcastle was wrong in law - see R v MH [2011] EWCA Crim 1508..  The Court of Appeal followed the law as set out in the Williams case.  (As a matter of judicial precedent, the Court of Appeal was bound by the earlier decision in Williams).  The case will now proceed to trial.

It follows that D, who at time of a Road Traffic Accident was either driving not in accordance with a licence or was disqualifed or was uninsured, will be liable for a death provided that his driving was more than a minimal cause of the death.  Just what is "more than minimal" will obviously depend on the facts of each individual case and will be for the jury to decide. It will not be an easy task.  This is a harsh and punitive measure with an evident deterrent element.