MH, R. v

MH, R. v

The ruling of the Recorder was wrong in law; under section 3ZB, a person may be liable for causing death by driving while uninsured or unlicensed even if the manner of driving is faultless and the victim is wholly responsible for the accident, provided the defendant's driving was more than a negligible cause of death.

Parties
Appellant: The Crown; Respondent: M H
Jurisdiction
England and Wales
Judgment Date
17 June 2011
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling
Outcome
appeal allowed
Legal Topics
Causation, Strict Liability, Road Traffic Offences, Causing Death by Driving, Statutory Interpretation
Criminal Law Causation Strict Liability Road Traffic Offences Causing Death by Driving Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

The Crown

Appellant

M H

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether a person commits the 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 section 3ZB requires fault or blameworthy conduct
  3. 3 Whether the respondent's driving was more than a negligible cause of the death

Ratio Decidendi

The ruling of the Recorder was wrong in law; under section 3ZB, a person may be liable for causing death by driving while uninsured or unlicensed even if the manner of driving is faultless and the victim is wholly responsible for the accident, provided the defendant's driving was more than a negligible cause of death.

Court Disposition

appeal allowed

Orders

  • The ruling of the Recorder is reversed.
  • The proceedings are to be resumed; no acquittal ordered.