Causing Death by Unlicensed, Disqualified or Uninsured Driving: Blameless Driving and the Scope of Legal Causation
| Author | Ashley Lowerson,Christopher J. Newman |
| Published date | 01 February 2014 |
| Date | 01 February 2014 |
| DOI | http://doi.org/10.1350/jcla.2014.78.1.887 |
| Subject Matter | Supreme Court |
Causing Death by Unlicensed, Disqualified or Uninsured
Driving: Blameless Driving and the Scope of Legal
Causation
R v Hughes (Michael) [2013] UKSC 56
Keywords Road traffic law; Causing death by unlicensed, disqualified or
uninsured driving; Causation; Statutory interpretation
On 25 October 2009, shortly after 4.30 pm, the appellant (H) was
travelling east from Carlisle on the A69 singlecarriageway road towards
Newcastle upon Tyne, when his vehicle was involved in a collision with
another vehicle, driven by the victim (D). This collision had resulted in
D suffering serious injuries, and upon being taken to hospital, D later
died from those injuries. Prior to the collision, D had been working on
the west coast of Scotland where he had worked a series of 12hour night
shifts and was driving back to Newcastle upon Tyne. At the time of
the collision he had driven around 230 miles of a 400mile journey.
Additionally, it was found that D was a drug user and a significant
quantity of heroin and other controlled drugs were found in the blood
analysis after the incident. Before the collision occurred between the two
vehicles, witnesses had stated that D had been driving erratically for
some time and had drifted off the road both at the nearside and across to
the wrong side of the centre white line. Further witness evidence stated
that an oncoming vehicle had to swerve to avoid being hit by D, who was
driving on the wrong side of the road at the time. H was driving at a
speed of approximately 45–55 mph in a 60 mph speed limit as he rounded
a righthand bend on the correct side of the road when the vehicle driven
by D headed towards him. H tried to steer away from D’s vehicle, but D
took no avoiding action. It was accepted subsequently that H’s driving
had been faultless and D was entirely responsible for the collision which
caused his death.
At the time of the accident, H was driving uninsured and without a full
driving licence, his licence having been revoked previously on medical
grounds. Subsequently, H had passed a medical test and was, at the time
of the collision, able to drive under a provisional licence although had not
yet obtained a full driving licence. H was charged under the offence created
by s. 3ZB of the Road Traffic Act 1988, inserted by s. 21(1) of the Road
Safety Act 2006. Section 3ZB states, inter alia, that a person is guilty of an
offence if he causes the death of another person by driving a motor vehicle
on a road and, at the time when he is driving, the circumstances are such
that he is committing an offence contrary to s. 143 of the 1988 Act (using
a motor vehicle while uninsured or unsecured against third party risks) or
s. 87(1) of the 1988 Act (driving otherwise in accordance with a licence).
Prosecution for the offences under s. 143 and s. 87(1) can result in
punishment of a fine, penalty points and disqualification from driving.
16
The Journal of Criminal Law (2014) 78 JCL 16–21
doi:10.1350/jcla.2014.78.1.887
Causing Death by Unlicensed, Disqualified or Uninsured Driving
When convicted under s. 3ZB, a person can be liable to imprisonment for
up to two years.
At the trial at first instance, Newcastle Crown Court heard that H was
to be prosecuted for the two offences under s. 3ZB, causing death by
driving unlicensed (s. 3ZB(a)) and causing death whilst being uninsured
(s. 3ZB(c)) rather than being prosecuted for the two separate offences
under s. 147 and s. 87 of the 1988 Act. The Recorder of Newcastle Crown
Court held that H’s driving had not caused D’s death, and that D was
entirely responsible for his own death. The Crown appealed ([2011]
EWCA Crim 1508) challenging the ruling of the...
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