Homicide - Criminal Negligence

Question 1

Dangerous driving offence

Answer 1

Section 53(1) of the Road Traffic Act 1961 as inserted by s 4 of the Road Traffic (No. 2) Act 2011:

“A person shall not drive a vehicle in a public place in a manner (including speed) which having regard to all the circumstances of the case (including the condition of the vehicle, the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be in it) is or is likely to be dangerous to the public.”

[Fine or imprisonment for up to 6 months]

Question 2

People v Quinlan

Answer 2

O’Briain J - Dangerous Driving = “Driving in a manner which a reasonably prudent man, having regard to all the circumstances, would clearly recognise as involving a direct and serious harm to the public.”

[Test in Quinlan approved in People (DPP) v Connaughton (unrep, CCA, 2001)]

Question 3

R v Gosney

Answer 3

Megaw LJ - Objectively dangerous situation and fault (inexperienced or naturally poor driver falls below the standard of a careful and competent driver while trying to do the right thing)

Question 4

Dangerous Driving Causing Death

Answer 4

• s 53(2)(a) of the Road Traffic Act 1961 as inserted by s 4 of the Road Traffic (No. 2) Act 2011
• Actus reus of the dangerous driving offence plus the consequence that the death of another is caused
• Liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine not exceeding €20,000 or to both

Question 5

Gross Negligence Manslaughter

Answer 5

Kill someone by behaving in a manner which the reasonable person would regard as creating an unacceptably high risk of injury to others

Question 6

Dunleavy test (Davitt J)

Answer 6

a) Failure to observe the necessary standard of conduct shown by experience to avoid the risk of injury to others in the circumstances; failure to behave as a reasonable driver would
b) Accused’s negligence responsible for death (causation)
c) Ordinary careless insufficient for manslaughter (vs PI damages; dangerous driving in DC)
d) Manslaughter = Felony and very serious crime, satisfied that the fatal negligence was of a very high degree; and was such as to involve, in a high degree, the risk or likelihood of substantial personal injury to others.”

Question 7

AG v Dunleavy [1948] (CCA)

Answer 7

Davitt J:
- Bailhache J in Tinline v White Cross Insurance
- Bateman’s case
- Andrew’s case (LCJ and Lord Atkin)
- Jury - Very high degree of negligence, reckless disregard for the life of others
- Reasonable driver - Realise risk of causing substantial personal injury to other
- Reasonably assume that jurors would be aware of prosecutions of drivers for minor traffic offences, and civil actions for damages for personal injuries sustained in collisions upon the highway, are matters of common occurrence
- Dunleavy test
- High degree of negligence not explained so new trial

Question 8

DPP v Cullagh [1998] (CCA)

Answer 8

Murphy J:
- Equipment in terrible condition; rust on the inside
- Duty as making equipment available for money
- No suggestion Cullagh knew that rust was eating away at bolt
- Failed in duty owed to such a degree as to be criminally liable for Ms Egan’s death

Question 9

R v Adomako [1994] (HoL)

Answer 9

Lord Mackay:
- R v Bateman - Lord Hewart CJ - Civil negligence and civil liability with skill or knowledge or claim thereof; Criminal liability - Degree of disregard of life and safety of others
- Andrews v DPP - Lord Atkin (all agreeing) = R v Williamson and R v Bateman
- Current case = Ordinary negligence principles; Jury’s question - ROD, conduct so bad in all the circumstances as to be judged to be a criminal act or omission

Question 10

GNM tests in England and Ireland

Answer 10

Ireland (Dunleavy) - GNC = High degree of risk of serious injury to others
England (Adomako) - Serious risk of the death of another