Marchant & Anor, R v

Marchant & Anor, R v

Where the alleged dangerous condition of a vehicle arises solely from its inherent design and the vehicle is authorised for use on the road, prosecution for causing death by dangerous driving under Section 1 of the Road Traffic Act 1988 is not appropriate. The conviction based on the 'dangerous condition' case should not have been left to the jury and must be quashed.

Parties
Appellant: Thomas John Marchant; Appellant: Edward Muntz; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
21 July 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed, conviction quashed
Legal Topics
Dangerous Driving, Causing Death by Dangerous Driving, Statutory Interpretation, Abuse of Process
Criminal Law Road Traffic Law Dangerous Driving Causing Death by Dangerous Driving Statutory Interpretation Abuse of Process

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Parties

Thomas John Marchant

Appellant

Edward Muntz

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether conviction for causing death by dangerous driving can be sustained where the alleged dangerous condition arises solely from the inherent design of an authorised vehicle
  2. 2 Whether authorisation by the Secretary of State for use of a vehicle on the road precludes prosecution under sections 1 and 2 of the Road Traffic Act 1988
  3. 3 Whether it was unfair or an abuse of process to prosecute the appellants in these circumstances

Ratio Decidendi

Where the alleged dangerous condition of a vehicle arises solely from its inherent design and the vehicle is authorised for use on the road, prosecution for causing death by dangerous driving under Section 1 of the Road Traffic Act 1988 is not appropriate. The conviction based on the 'dangerous condition' case should not have been left to the jury and must be quashed.

Court Disposition

appeal allowed, conviction quashed

Orders

  • Convictions of Thomas John Marchant and Edward Muntz quashed
  • No retrial ordered