References: [2003] EWCA Crim 2099
Links: Bailii
Coram: The Vice President (Lord Justice Rose) Mr Justice Grigson Mr Justice Beatson
Ratio: The second defendant, a farmer, employed the first defendant, inter alia, to drive his tractor. The tractor, when fitted up was necessarily dangerous, but was licensed to be driven on the roads. There was a fatal accident on the highway. The defendants appealed convictions for causing death by dangerous driving.
Held: A driver could not escape criminal liability for taking a dangerous vehicle onto the road merely because the vehicle was licensed in that condition by the Secretary of State. However prosecutors should take particular care before deciding to prosecute in such circumstances.
Statutes: Road Traffic Act 1988 40A 41 44
This case cites:
- Cited – Regina v Morris CACD ([2002] EWCA Crim 137)
The meaning of the word ‘obvious’ in a statute was in itself so clear that it should not be defined for a jury. . . - Cited – Regina v Strong ([1995] Crim LR 428)
‘obvious to a careful and competent driver’ refers to a dangerous state which would be ‘seen or realised at first glance’ . . - Cited – Wood v Milne QBD (Times 27-Mar-87)
The ‘state of the vehicle’ includes the manufactured condition of the vehicle. As a matter of construction, it was not necessary to prove a lack of maintenance in order to prove a breach of the Regulations . .
(This list may be incomplete)
Last Update: 16 November 2018
Ref: 184883
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