Causing Serious Injury by Careless or Inconsiderate Driving

Question 1

Q: What is the offence?

Answer 1

S2C RTA 1988
(1) A person who causes serious injury to another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reason-able consideration for other persons using the road or place, is guilty of an offence.
(2) In this section ‘serious injury’ means-
(a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.

Question 2

Q: What type of offence is it?

Answer 2

Summary offence
12 months’ imprisonment and/or a fine on indictment
Obligatory disqualification

Question 3

Q: What is the difference between this offence and causing death by careless or inconsiderate driving?

Answer 3

All elements are the same except the outcome- death vs serious injury

Question 4

Q: What is the standard of driving required to prove the offence?

Answer 4

Prosecution only need to prove that the driver’s standard of driving fell below the requisite standard.

Question 5

Q: What are the essential elements of the offence?

Answer 5

1: Road or public place
2: MPV
3: Driving is without due care and attention and this causes serious injury to another