The defendants, a lorry driver and his employer, appealed against convictions for causing death by dangerous driving, and procuring the same. A wheel came loose from the wagon on the motorway, and collided with another vehicle, killing the driver. It was not suggested that the driver’s actual driving fell below a proper standard.
Held: Causing death by dangerous driving is an offence of strict liability. It was alleged that the lorry had not been maintained properly. The section required any defect to be obvious, in the sense that it would be ‘seen or realised at first glance, evident to him’ Knowledge includes what ought to be known, so that wilful blindness cannot excuse, but negligence was not enough. The judge had used that word in his summing up and direction. The convictions were quashed.
Judges:
Lord Justice Roch, Mr Justice Collins, And His Honour Judge Myerson
Citations:
[1996] EWCA Crim 725
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Strong 1995
‘obvious to a careful and competent driver’ refers to a dangerous state which would be ‘seen or realised at first glance’ . .
Cited by:
Cited – Regina v Naviede CACD 21-Mar-1997
The defendant appealed from his conviction for dishonesty. He said that he should have allowed hi to represent himself as to certain aspect of his case, but to have legal representation for others.
Held: The judge was right to reject such a . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 31 May 2022; Ref: scu.148389