MH, R. v [2011] EWCA Crim 1508 (17 June 2011)

MH, R. v [2011] EWCA Crim 1508 (17 June 2011)

The offence under section 3ZB of the Road Traffic Act 1988 is one of strict liability; it is sufficient that the defendant's driving was a cause of death, provided it was more than negligible, regardless of fault or blameworthy conduct. The ruling of the Recorder that a jury could not reasonably find causation was wrong in law in light of Williams.

Citation
[2011] EWCA Crim 1508
Parties
Appellant: The Crown; Respondent: M H
Jurisdiction
England and Wales
Judgment Date
17 June 2011
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling From Crown Court
Outcome
Appeal allowed; Recorder's ruling reversed; proceedings to be resumed.
Legal Topics
Causing Death by Driving, Strict Liability Offences, Causation in Criminal Law, Road Traffic Act 1988 S.3 ZB
Criminal Law Road Traffic Law Causing Death by Driving Strict Liability Offences Causation in Criminal Law Road Traffic Act 1988 S.3 ZB

Case Brief

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Parties

The Crown

Appellant

M H

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling From Crown Court

Legal Issues

  1. 1 Whether a person commits an offence under section 3ZB of the Road Traffic Act 1988 if his manner of driving is faultless and the death is unrelated to his driving
  2. 2 Whether 'causing death' under s.3ZB requires fault or blameworthy conduct in driving
  3. 3 Whether the chain of causation is broken by the victim's own conduct

Ratio Decidendi

The offence under section 3ZB of the Road Traffic Act 1988 is one of strict liability; it is sufficient that the defendant's driving was a cause of death, provided it was more than negligible, regardless of fault or blameworthy conduct. The ruling of the Recorder that a jury could not reasonably find causation was wrong in law in light of Williams.

Court Disposition

Appeal allowed; Recorder's ruling reversed; proceedings to be resumed.

Orders

  • The ruling of the Recorder of Newcastle is reversed.
  • The proceedings against the respondent are to be resumed.