Causing Serious Injury by Dangerous Driving

Question 1

Q: What is the offence of causing serious injury by dangerous driving?

Answer 1

S1A RTA 1988
(1) A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

Question 2

Q: What type of offence is it?

Answer 2

Triable either way.
Maximum sentence of 5 years’ imprisonment and/or fine on indictment.
Obligatory disqualification for a minimum of 2 years and a compulsory extended re-test.
Courts have the power to order the forfeiture of any vehicle used in the commission of this offence

Question 3

Q: What are the basic elements of this offence?

Answer 3

• MPV
• On a road or public place
• D caused serious injury to another by his driving
• D drove dangerously- either due to the standard of driving or the current state of the vehicle

Question 4

Q: What does dangerous and dangerous driving mean?

Answer 4

These elements of the offence are the same as those under s1.

Question 5

Q: What does ‘serious injury’ mean?

Answer 5

Means physical harm which amounts to GBH for the purposes of OAPA 1861.