Causing Death by Driving: Unlicensed, Disqualified or Uninsured Drivers Flashcards
Q: What is the offence for causing death by driving; unlicensed or uninsured drivers?
S3ZB RTA 1988
A person is guilty of an offence under this section 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), or
(b) …
(c) section 143 of this Act (using motor vehicle while uninsured).
Q: What type of offence is this?
Triable either way offence
Maximum sentence of 2 years’ imprisonment and/or fine on indictment
Obligatory disqualification
Q: What are the essential elements of the offence?
1: MV- not an MPV
2: Road- not a public place
3: Causing the death of another (same as before)
Q: What did the case of Hughes establish in terms of ‘but for’?
The casual link is between the driving and the death, rather than the driving and the collision.
It is not necessary for the prosecution to prove careless or inconsiderate driving, there must be something open to proper criticism in the driving of the defendant, beyond the mere presence of the vehicle on the road, and which contributes in some more than minimal way to the death.
S3ZB is satisfied when D ‘contributes in some more than minimal way to the death’ if the driving at the critical time was such as significantly or materially to increase the risk of death resulting from the appellant’s culpable acts or omissions.’
Q: What is the offence of causing death by driving; disqualified drivers?
S3ZC 1988 Act
A person is guilty of an offence under this section if he or she—
(a) causes the death of another person by driving a motor vehicle on a road, and
(b) at that time, is committing an offence under section 103(1)(b) of this Act (driving while dis-qualified).
Q: What type of offence is this?
Triable on indictment
10 years’ imprisonment and/or fine
Obligatory disqualification
Q: What was the purpose of the introduction of s3ZC?
The introduction of s. 3ZC is to increase the sentence for causing death driving a vehicle whilst dis-qualified from two years to 10 years. The intention is to treat disqualified drivers differently from other illegal drivers.
Q: What is the offence of causing serious injury by driving; disqualified drivers?
S3ZD 1988 Act
A person is guilty of an offence under this section if he or she—
(a) causes serious injury to another person by driving a motor vehicle on a road, and
(b) at that time, is committing an offence under section 103(1)(b) of this Act (driving while dis-qualified) …
Q: What type of offence is s3ZD?
Triable either way offence
4 years’ imprisonment and/or fine on indictment
Obligatory disqualification
Q: What was the purpose of the introduction of s3ZD?
Extends the offence under s1A of causing serious injury by dangerous driving specifically to dis-qualified drivers, increasing the sentence to four years’ imprisonment from the six months’ imprisonment under s. 1A and removing the need to show ‘dangerous’ driving.
