Road Traffic Offences in UK Law
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R v Simmonds
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In the context of a statutory regime for road traffic offences that envisages the causing of death as a factor leading to an enhanced statutory sentencing bracket, and in a context in which, where such offences are considered, the courts regard additional deaths as an aggravating factor ( Boswell (supra), R v Toombs [1997] 2 Cr App R (S) 217) we find the concept of a road traffic offence in which the sentencing court is obliged to disregard the fact that a death has been caused as wholly anomalous.
Krawec was clearly valid in its context and at its time, but we do not see it as of assistance to sentencing courts in the different context of today. Whilst culpability or criminality remains the primary consideration this Court has concluded that Judge McNicholl was entitled to bear in mind that he was dealing with an offence that had led to death.
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R v Krawec
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In our judgment the unforeseen and unexpected results of the carelessness are not in themselves relevant to penalty. The primary considerations are the quality of the driving, the extent to which the appellant on the particular occasion fell below the standard of the reasonably competent driver; in other words, the degree of carelessness and culpability. The unforeseen consequences may sometimes be relevant to those considerations.
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Re Attorney General's Reference (No.152 of 2002); R v Robert Charles Cooksley
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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.
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Attorney General's Reference (Nos. 14 and 24 of 1993); R v Shepherd; R v Wernet
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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.
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Brown v Stott (Procurator Fiscal, Dunfermline)
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The jurisprudence of the European Court very clearly establishes that while the overall fairness of a criminal trial cannot be compromised, the constituent rights comprised, whether expressly or implicitly, within article 6 are not themselves absolute.
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R v Drummond (Andrew)
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First, the offence of driving while over the legal limit is not an offence which requires the court to ascertain the intent of the accused at all. Conviction follows after a scientific test which is intended to be as exact as possible. Thirdly, it is the accused himself who, by drinking after the event, defeats the aim of the legislature by doing something which makes the scientific test potentially unreliable.
- The Road Traffic Offenders (Additional Offences) Order 2014
- The Road Traffic Offenders (Additional Offences) Order 2017
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Criminal Justice and Courts Act 2015
...... before and after conviction; to create offences involving ill-treatment or wilful neglect by a ...(1) After section 3ZB of the Road Traffic Act 1988 insert—(3ZC) Causing death by ......
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Police, Crime, Sentencing and Courts Act 2022
...... reviews; to make provision for new offences and for the modification of existing offences; to ...(1) Section 2A of the Road Traffic Act 1988 (meaning of dangerous driving) ......
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Road Traffic Defence
...... Because road traffic offences often cause risks to public safety, the penalties for a conviction can be severe and include the imposition of penalty points, disqualification from ......
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Motorists Beware! New Guideline Means Tougher Sentence
...... the sentencing guidelines for more serious road traffic offences (the "Guideline") show there is ......
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Speedy Justice For Motorists
...... that it proposes to send half a million road traffic cases each year to a separate fast-track ... free up Court time meaning that serious offences can be dealt with more expeditiously. So what ......
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Ever Thought About Using A Mobile Phone Whilst Driving?
...Mobile phone offences are a hot topic at the moment and police are ... avoid penalty points for a large range of Road Traffic Offences by scrutinising the evidence and ......