Death by dangerous driving
Produced in partnership with 18 Red Lion Court
Death by dangerous driving

The following Corporate Crime practice note produced in partnership with 18 Red Lion Court provides comprehensive and up to date legal information covering:

  • Death by dangerous driving
  • The elements of the offence of dangerous driving
  • Causation in dangerous driving
  • Vehicle in dangerous state
  • Evidence of alcohol consumption in dangerous driving
  • Alternative verdicts in dangerous driving
  • Defences to dangerous driving
  • Sentencing for causing death by dangerous driving

The elements of the offence of dangerous driving

Dangerous driving is an offence under the Road Traffic Act 1988, s 1 (RTA 1988). This is an indictable only offence and can only be tried in the Crown Court.

The elements of the offence are as follows:

  1. causing death of another person by:

    1. driving

    2. a mechanically propelled vehicle

    3. on a road or other public place

    4. dangerously

The elements of the offence are the same as dangerous driving, namely driving far below the standard expected of a competent and careful driver, and that it would be obvious to a competent and careful driver that driving in that way would be dangerous.

This test is objective. It would be obvious to the competent and careful driver that it would be dangerous to either:

  1. drive in that way, or

  2. drive the vehicle in its current state

There is no mental requirement for the commission of this offence. If the defendant did not intend to drive dangerously but was nevertheless doing so when tested against the objective standard, then that is sufficient for a conviction.

For more information, see Practice Note: Dangerous driving.

The dangerous driving must also result in (cause) the death of a person for this offence to be made out. See below: Causation in dangerous driving.

Dangerousness implies a risk of either personal injury or serious property damage. Anything short of this threshold and

Popular documents