Causing bodily harm by wanton or furious driving
Encyclopedia
Causing bodily harm by wanton or furious driving is a statutory offence in England and Wales
and Northern Ireland
. It has been abolished in the Republic of Ireland
.
(drivers of carriages injuring persons by furious driving):
This section is printed as amended by section 1(2) of the Criminal Justice Act 1948
and of the Criminal Justice Act (Northern Ireland) 1953.
This section was repealed for the Republic of Ireland
by section 70(a) of the Road Traffic Act 2010. In the Republic of Ireland, a person liable to be charged an offence under section 53 of the Road Traffic Act, 1961 was not liable, by reference to the same occurrence, to be charged with an offence under this section.
"Misdemeanour"
The reference to a misdemeanour must now be construed as a reference to an offence.
"Bodily harm"
See bodily harm
In England and Wales, this offence is now used to prosecute:
It was used in 2009 to prosecute a death caused by a cyclist collision, which would have fallen outside of other laws.
In Northern Ireland, this offence is punishable with imprisonment for any term not exceeding two years.
ing to cause bodily harm by wanton driving requires an intent to cause bodily harm.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. It has been abolished in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
.
Statute
This offence is created by section 35 of the Offences against the Person Act 1861Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
(drivers of carriages injuring persons by furious driving):
This section is printed as amended by section 1(2) of the Criminal Justice Act 1948
Criminal Justice Act 1948
The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...
and of the Criminal Justice Act (Northern Ireland) 1953.
This section was repealed for the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
by section 70(a) of the Road Traffic Act 2010. In the Republic of Ireland, a person liable to be charged an offence under section 53 of the Road Traffic Act, 1961 was not liable, by reference to the same occurrence, to be charged with an offence under this section.
"Misdemeanour"
The reference to a misdemeanour must now be construed as a reference to an offence.
"Bodily harm"
See bodily harm
Bodily harm
Bodily harm is a legal term of art used in the definition of both statutory and common law offences in Australia, Canada, England and Wales and other common law jurisdictions. It is a synonym for injury or bodily injury and similar expressions, though it may be used with a precise and limited...
In England and Wales, this offence is now used to prosecute:
- drivers of horse drawn carriages and vehicles
- motorists who cannot be prosecuted for dangerous drivingDangerous drivingDangerous driving is a statutory offence in England and Wales and Scotland and Northern Ireland. It is also a term of art used in the definition of the offence of causing death by dangerous driving...
because they were driving elswhere than on a road or public place, or because they were not warned that prosecution was intended pursuant to section 1 of the Road Traffic Offenders Act 1988 - cyclists who cannot be prosecuted for dangerous cycling because they were cycling elswhere than on a road, or because they were not warned that prosecution was intended pursuant to section 1 of the Road Traffic Offenders Act 1988
It was used in 2009 to prosecute a death caused by a cyclist collision, which would have fallen outside of other laws.
Sentence
In England and Wales, this offence is punishable with imprisonment for any term not exceeding two years.In Northern Ireland, this offence is punishable with imprisonment for any term not exceeding two years.
Attempt
The offence of attemptAttempt
Attempt was originally an offence under the common law of England.Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself: the actions must go beyond mere preparation....
ing to cause bodily harm by wanton driving requires an intent to cause bodily harm.