Death by dangerous driving
Encyclopedia
Causing death by dangerous driving is a statutory offence in England and Wales
and Scotland
and Northern Ireland
. It is an aggravated form of dangerous driving
. It is currently created by section 1 of the Road Traffic Act 1988 (as substituted by the Road Traffic Act 1991) but, following Adomako (1995) 1 AC 171, the offence of motor manslaughter may now be the preferred charge.
The Court of Appeal in R v Cooksley and others gave guidelines for cases where death is caused by dangerous driving. In R v Richardson the Court of Appeal reassessed the starting point set out in R v Cooksley taking into consideration the increase in the maximum penalty. The relevant starting points identified in Cooksley should be reassessed as follows:
on 16 August 1993 so as to increase the maximum term to ten years.
introduced two new offences, of "causing death by careless, or inconsiderate driving" and a distinct offence for causing (any) death by driving when unlicensed, or disqualified.
.
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 Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
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 is an aggravated form of dangerous driving
Dangerous driving
Dangerous 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...
. It is currently created by section 1 of the Road Traffic Act 1988 (as substituted by the Road Traffic Act 1991) but, following Adomako (1995) 1 AC 171, the offence of motor manslaughter may now be the preferred charge.
Statute
Section 1 of the Road Traffic Act 1988 (as substituted by section 1 of the Road Traffic Act 1991), creates the offences of causing death by dangerous driving:Sentencing
A person convicted of causing death by dangerous driving is liable to imprisonment for a term not exceeding fourteen years. Disqualification for a minimum of two years is obligatory on conviction. Endorsement is obigatory on conviction. The offence carries three to eleven penalty points.The Court of Appeal in R v Cooksley and others gave guidelines for cases where death is caused by dangerous driving. In R v Richardson the Court of Appeal reassessed the starting point set out in R v Cooksley taking into consideration the increase in the maximum penalty. The relevant starting points identified in Cooksley should be reassessed as follows:
- i) No aggravating circumstances – twelve months to two years' imprisonment (previously 18 months);
- ii) Intermediate culpability - two to four and a half years' imprisonment (previously 3 years);
- iii) Higher culpability – four and a half to seven years' imprisonment (previously 5 years);
- iv) Most serious culpability – seven to fourteen years' imprisonment (previous starting point of 6 years).
History
Part I of Schedule 2 to the Road Traffic Offenders Act 1988 originally provided that a person convicted of this offence was liable to imprisonment for a term not exceeding five years. It was amended by section 67(1) of the Criminal Justice Act 1993Criminal Justice Act 1993
The Criminal Justice Act 1993 is a United Kingdom Act of Parliament that set out new rules regarding drug trafficking, proceeds and profit of crime, financing of terrorism and insider dealing.-External links:**...
on 16 August 1993 so as to increase the maximum term to ten years.
New offences
The Road Safety Act 2006Road Safety Act 2006
The Road Safety Act 2006 is an Act of the Parliament of the United Kingdom. The provisions contained in the Act are designed to improve road safety and help achieve casualty reduction targets. The Government’s strategy for improving road safety was set out in the framework paper “Tomorrow’s Roads...
introduced two new offences, of "causing death by careless, or inconsiderate driving" and a distinct offence for causing (any) death by driving when unlicensed, or disqualified.
History
This offence was formerly created by section 1 of the Road Traffic Act 1972. But it was abolished by section 50 of the Criminal Law Act 1977Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...
.
See also
- Aggravated TWOC
- Vehicular homicideVehicular homicideVehicular homicide in most states in the United States, is a crime. In general, it involves death that results from the negligent operation of a vehicle, or more so a result from driving while committing an unlawful act that does not amount to a felony...
a proposed replacement for causing death by dangerous driving, advocated by some legal reformists