“A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence”
What is dangerous driving?
The court will consider you to have driven dangerously if you:
Drive in a way that falls far below that would be expected of a competent and careful driver, and;
It would be obvious to a competent and careful driver that driving in that way would be dangerous.
In this context, “dangerous” refers to danger either of injury to any person or of serious damage to property.
You will also be regarded to have been driving dangerously if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. As such, you can be convicted for dangerous driving on the grounds of your driving and/or the state of the vehicle when you are driving it.
What does the prosecution have to prove?
you were the driver;
you were driving a vehicle;
the vehicle was a “mechanically propelled vehicle”
the vehicle was driven dangerously;
you caused the death by driving dangerously ; and
you caused the death of another person. This can include causing the death of a passenger in your own vehicle.
Causation
You will be deemed to have caused the death of another due to your dangerous driving according to the following principles. You need not be the sole cause of the death, merely more than minimal; and the consequences of your driving will be examined. You may be convicted of the offence if the dangerous driving brought about a fatal incident as a consequence, such as parking your car in a dangerous location.
Alternative verdicts - what else could I be convicted of?
Dangerous driving
Causing death by careless driving
Careless driving
Wanton and furious driving
Sentence
The maximum sentence that you could receive is 14 years’ imprisonment. Disqualification for a minimum period of two years and endorsement are obligatory. An order for disqualification until you pass an extended driving test is also mandatory. If Special Reasons are found then 3 to 11 penalty points must be endorsed.
Sentence – assessing your case
The court will assess the “seriousness” of the offence in question. In doing so, they will take into account factors such as, but not limited to:
Your awareness of the risk;
The effect of alcohol and/or drugs;
The speed at which your vehicle was being driven;
Whether your behaviour left you “seriously culpable”;
An assessment of the victim (such as their vulnerability; were they a cyclist or pedestrian?);
Any aggravating factors, such as causing the death of more than one person; and
Evidence submitted to the court, such as police expert witness statements.
Factors that will be taken into consideration as mitigating factors include, but are not limited to:
A good driving record; and
Your conduct after the offence (such as giving assistance at the scene; and
Remorse
Defences for death by dangerous driving
The main arguments that can be presented to the court against a guilty conviction for death by dangerous driving are:
The driving was not dangerous - where there is insufficient evidence to establish that your driving was “dangerous” within the definition set out in he Road Traffic Act 1988.
Causation - where there is insufficient evidence to establish that your (dangerous) driving was “a cause” of death.
Automatism - where there is evidence to show that you were rendered unconscious or otherwise incapacitated from controlling the car (and therefore, you were not “driving”. For example, if you were to lapse into a coma;
Mechanical defect - a latent defect manifesting itself in the vehicle.
Necessity / duress
Self defence
ADVICE ABOUT CAUSING DEATH BY DANGEROUS DRIVING
The aforementioned is a very brief synopsis of a relatively complicated area of law. Information on a website is no substitute for expert professional advice. Please contact me for advice regarding your specific case.