The defendant had been a passenger on a car driven by a learner driver. The car crashed killing the driver and seriously injuring another. He appealed against his conviction for aiding and abetting dangerous driving.
Held: The appeal succeeded. A serious contributory factor was an over inflation of a tyre of which the defendant could not have known, and nor could the jury have accepted that the driver had been racing, when he was driving under the speed limit. The recorder’s directions to the jury had been inadequate, and the court could not see how a jury properly directed on a retrial could safely convict the defendant. No retrial was ordered.
Hooper LJ, Gross, Moss QC JJ
[2010] EWCA Crim 1450, [2010] 1 Cr App R (S) 38
Bailii
England and Wales
Citing:
Cited – Regina v Powell (Anthony) and Another; Regina v English HL 30-Oct-1997
When the court looked at the issue of foreseeability of murder in an allegation of joint enterprise, there was no requirement to show intent by the secondary party. The forseeability of the risk of the principal committing the offence from the point . .
Cited – Webster v Regina CACD 3-Mar-2006
The appellant challenged his conviction for aiding an abetting the causing of death by dangerous driving as a passenger. The driver had been drunk.
Held: The mere intoxication of the driver was not of itself and alone sufficient to establish . .
Cited by:
Cited – Adeojo and Another v Regina CACD 6-Feb-2013
The defendants appealed against their convictions for murder saying that the court should not have relied upon hearsay evidence. A witness had refused to give evidence, but his earlier evidnece was used.
Held: The appeals failed. The judge had . .
Lists of cited by and citing cases may be incomplete.
Crime, Road Traffic
Updated: 11 November 2021; Ref: scu.420235
