Road Traffic and Transportation Offences in UK Law

The Court would like to emphasise this, that there is of course nothing in the Statute which requires the manner of the driving to be a substantial cause, or a major cause, or any other description of cause, of the accident. So long as the dangerous driving is a cause and something more than de minimis, the Statute operates.

In our view, applying this approach, it is therefore necessary for us to consider the meaning of cause as used in s.3ZB of the Road Traffic Act 1988 in the context of the intention of Parliament. First, the meaning of cause in death by dangerous driving was decided by Hennigan. That decision makes clear it is a cause if it is more than negligible or de minimis. We do not think that Parliament can have intended any different definition for s.3ZB.

It is designed to protect road users in the future from an offender who had shown himself to be a real risk on the roads. The Panel suggests the risk represented by the offender is reflected in the level of culpability which attaches to his driving so that matters relevant to fixing the length of the driving disqualification for the offence of causing death by dangerous driving will be much the same as those factors we have listed already.

The Road Traffic Act 1991 created two new offences by way of amendment of the Road Traffic Act 1988. Section 1 of the 1991 Act substituted for sections 1 and 2 of the 1988 Act the new offence of causing death by dangerous driving, thereby replacing the offence of causing death by reckless driving. At one time earlier in the somewhat chequered history of road traffic offences there had been an offence of causing death by dangerous driving.

The following, amongst others, may be regarded as aggravating features: first of all, the consumption of alcohol or drugs, and that may range from a couple of drinks to what was described by the Court in Wheatley (1982) 4 Cr. App. E. (S) 371, as a "motorised pub crawl".

Everyone knows, or should know, that the consumption of even small quantities of alcohol undermines the ability of any driver to apply his full concentration to the road. Where the consumption is high, it is effectively extinguished. Alcohol makes a driver personally unfit to drive, and the car of which he is in control becomes as dangerous with him at the wheel as if it were subject to a serious known, potentially fatal, mechanical defect.

Eighth, in a case where custody cannot proportionately be avoided, the effect on children or other family members might (our emphasis) afford grounds for mitigating the length of sentence, but it may not do so. If it does, it is quite clear that there can be no standard or normative adjustment or conventional reduction by way of percentage or otherwise. It is a factor which is infinitely variable in nature and must be trusted to the judgment of experienced judges.