A, R. v [2020] EWCA Crim 407 (17 March 2020)

A, R. v [2020] EWCA Crim 407 (17 March 2020)

The trial judge erred in law by adopting too narrow an interpretation of causation. It is sufficient if the general nature of the risk (a collision with a stationary car on the hard shoulder) was reasonably foreseeable, not the precise circumstances. There was a case for the jury to consider.

Citation
[2020] EWCA Crim 407
Parties
Appellant: Regina; Respondent: A
Jurisdiction
England and Wales
Judgment Date
17 March 2020
Procedural Posture
Criminal Appeal / Prosecution Appeal Against Terminating Ruling (no Case to Answer)
Outcome
Appeal allowed; terminating ruling overturned; fresh trial ordered.
Legal Topics
Causation, Dangerous Driving, Death by Dangerous Driving, Serious Injury by Dangerous Driving, Terminating Ruling, Chain of Causation
Criminal Law Causation Dangerous Driving Death by Dangerous Driving Serious Injury by Dangerous Driving Terminating Ruling Chain of Causation

Case Brief

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Parties

Regina

Appellant

A

Respondent

Procedural Posture

Criminal Appeal / Prosecution Appeal Against Terminating Ruling (no Case to Answer)

Legal Issues

  1. 1 Whether the trial judge adopted too narrow an approach to causation in ruling there was no case to answer for causing death and serious injury by dangerous driving
  2. 2 Whether the respondent's actions could be found by a jury to be a legally significant cause of the collision

Ratio Decidendi

The trial judge erred in law by adopting too narrow an interpretation of causation. It is sufficient if the general nature of the risk (a collision with a stationary car on the hard shoulder) was reasonably foreseeable, not the precise circumstances. There was a case for the jury to consider.

Court Disposition

Appeal allowed; terminating ruling overturned; fresh trial ordered.

Orders

  • A fresh trial of the respondent on count 1 is ordered.