References: [2010] EWCA Crim 2552, [2011] 1 WLR 588
Links: Bailii
Coram: Thomas LJ, Silber LJ, Wadsworth QC
Ratio: The offence of causing death by driving while unlicensed, disqualified or uninsured, is committed if the driver is unlicensed, disqualified or uninsured and if the driving is a cause of death in the sense that it was ‘more than negligible or de minimis’. It was not an element of the offence that the defendant’s driving had to exhibit any fault contributing to the accident. It had held, moreover, that it was enough that the defendant was uninsured, or without full licence, and that his car had been involved in the fatal collision.
Statutes: Road Safety Act 2006 3ZB, Road Traffic Act 1988 3ZB
This case is cited by:
- Cited – Foster v Bon Groundwork Ltd EAT (Bailii, [2011] UKEAT 0382_10_1703)
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by . . - Cited – Hughes, Regina v SC (Bailii, [2013] UKSC 56, [2013] WLR(D) 324, [2013] 1 WLR 2461, [2013] 4 All ER 613, [2013] RTR 31, [2013] WLR(D) 324, [2014] 1 Cr App R 6, [2014] Crim LR 234, WLRD, Bailii Summary, UKSC 2011/0240, SC Summary, SC)
The appellant though an uninsured driver, was driving without fault when another vehicle veered across the road. The other driver died from his injuries, and the appellant convited of causing his death whilst uninsured. At trial he succeeded in . .
(This list may be incomplete)
Last Update: 26 February 2017
Ref: 425642
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