Use/cause/permit/aid & Abet Flashcards
How do you cause the use of a vehicle?
How do we prove it?
Involves control from causer
Cause use by causing the vehicle to be used and knowledge of facts/offence
Prove :
Used on road
Knowledge of defect
Person caused vehicle to be used - i.e for use in employment
How and who uses a vehicle?
Someone who is getting use out of vehicle
Owner
Driver
Employer of business use (if private they are permitting)
How do you permit a person to use a vehicle?
Points to permit?
Give permission in writing or verbal
implied/inferred
Points to prove:
Person permitting knew used on road
Person permitting was aware of defect
Person permitted use
How do you aid and abet?
Points to prove?
Provide assistance in commission of offence
Eg garage fitting illegal reg plates
E.g. driver supervising failing to supervise correctly
Must prove?
Knowledge of defect
Active assistance on road
What defences are there to road traffic offences?
Being under duress - threat of injury or no other options
Escape serious harm
Must do no more than necessary to avoid the harm (R v Miller 1987)
Automatism - movements beyond control or actions brought about involuntarily e.g. swarm of bees, coma
There must be a total destruction of voluntary control - impaired or reduced is not enough i.e. totally unable to control car
If have effects which can impair driving - must take reasonable steps to avoid driving when symptoms occur
Mechanical defect - suddenly deprived of proper control. As long as defect ought not have been forseeable
With regard to the defend of being under duress, what does this mean?
Threatened with serious injury or death
Must be imminent threat
If you can escape the threat it is not imminent
Serious injury does not include phsycological
Duress must be only reason you did it
Cannot be used as defence to murder or attempt murder
If join a gang, and are then threatened you cannot use duress as you must have expected violence
