Webster v R.

Webster v R.

It is not sufficient to prove aiding and abetting causing death by dangerous driving merely by reference to the condition of the driver; the prosecution must prove that the appellant foresaw the likelihood of dangerous driving when permitting the driver to drive, and that he had an opportunity to intervene during dangerous driving but failed to do so.

Parties
Appellant: Peter David Webster; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
03 March 2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed; no order for re-trial.
Legal Topics
Aiding and Abetting, Dangerous Driving, Causing Death by Dangerous Driving, Secondary Liability, Jury Directions
Criminal Law Road Traffic Law Aiding and Abetting Dangerous Driving Causing Death by Dangerous Driving Secondary Liability Jury Directions

Case Brief

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Parties

Peter David Webster

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether knowledge of a driver's intoxication is sufficient to establish aiding and abetting causing death by dangerous driving
  2. 2 Whether the condition of the driver alone can constitute dangerous driving under Section 2A of the Road Traffic Act 1988
  3. 3 Whether the appellant foresaw the likelihood of dangerous driving when permitting the driver to drive

Ratio Decidendi

It is not sufficient to prove aiding and abetting causing death by dangerous driving merely by reference to the condition of the driver; the prosecution must prove that the appellant foresaw the likelihood of dangerous driving when permitting the driver to drive, and that he had an opportunity to intervene during dangerous driving but failed to do so.

Court Disposition

Appeal allowed; conviction quashed; no order for re-trial.

Orders

  • Conviction quashed
  • No order for re-trial