L, R v

L, R v

The judge should have left the question of causation to the jury as it was a fact-sensitive issue, but a retrial is not necessary in the interests of justice due to elapsed time and diminished witness recollection.

Parties
Applicant: Regina; Respondent: L
Jurisdiction
England and Wales
Judgment Date
18 May 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Disposition
Outcome
application for leave to appeal granted; appeal dismissed; respondent acquitted
Legal Topics
Causing Death by Careless Driving, Causation, Remoteness, Jury Determination
Criminal Law Causing Death by Careless Driving Causation Remoteness Jury Determination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Applicant

L

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Disposition

Legal Issues

  1. 1 Whether the respondent's careless driving legally caused the death of the second motorist
  2. 2 Criteria for causation and remoteness in criminal liability for causing death by careless driving

Ratio Decidendi

The judge should have left the question of causation to the jury as it was a fact-sensitive issue, but a retrial is not necessary in the interests of justice due to elapsed time and diminished witness recollection.

Court Disposition

application for leave to appeal granted; appeal dismissed; respondent acquitted

Orders

  • Defendant acquitted pursuant to section 61(4)(c) of the Criminal Justice Act 2003