Dunn v HM Advocate
| Jurisdiction | Scotland |
| Judgment Date | 16 June 1960 |
| Docket Number | No. 11. |
| Date | 16 June 1960 |
| Court | High Court of Justiciary |
HIGH COURT.
Lord Justice-Clerk. Lord Patrick. Lord Strachan.
Crime—Statutory offences—Motor car accident—Death caused by reckless driving—Culpable homicide—Whether distinction in degree of recklessness between culpable homicide and contravention of sec. 8 (1) of Road Traffic Act, 1956 (4 and 5 Eliz. II, cap. 67).
The Road Traffic Act, 1956, enacts:—Sec. 8. "(1) Any person who causes the death of another person by the driving of a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, shall be liable on conviction on indictment to imprisonment for a term not exceeding five years."
An accused was charged with culpable homicide, or, alternatively, with a contravention of sec. 8 (1) of the Road Traffic Act, 1956. He was acquitted of culpable homicide, but convicted of a contravention of sec. 8 (1). It was contended on appeal that the verdict was illogical in that there was not any distinction between the degree of recklessness required to warrant a conviction of culpable homicide and that required to warrant a conviction under sec. 8 (1).
Held that there was a real distinction between the requirements for a conviction of culpable homicide and a contravention of sec. 8 (1); and that the burden on the Crown in a prosecution under sec. 8 (1) was not so exacting as in one where culpable homicide was charged.
Charles Dunn was tried before Lord Guest and a jury in the High Court at Glasgow on 9th May 1960 on an indictment at the instance of Her Majesty's Advocate, which set forth "that on 22nd December 1959, in Stewart Street and Kirkton Street, both in Carluke, Parish of Carluke, Lanarkshire, you did, while under the influence of intoxicating liquor, drive a motor car southwards in a culpable and reckless manner and at an excessive rate of speed and fail to pay sufficient attention to the safe driving thereof and to keep a proper look-out and to keep said motor car under proper control all to the danger of the lieges and particularly to the danger of Thomas Johnston Maule, 49A Wordsworth Street, Penrith, who was driving a motor lorry southwards in Stewart Street aforesaid, and the now deceased John Owens, 56 Brownhill Avenue, Douglas, Lanarkshire, who was driving a motor van northwards in Kirkton Street aforesaid, and you did, in Stewart Street aforesaid, overtake said motor lorry and drive said car into its path and cause said Thomas Johnston Maule to brake his vehicle to avoid a collision and drive said motor car from side to side of the roadway, and in Kirkton Street aforesaid you did cause said motor car to collide with said motor van whereby said John Owens was so severely injured that he died almost immediately and you did kill him, or alternatively, the charges against you are that on said date (a) in Kirkton Street aforesaid, you did cause the death of said John Owens by the driving of said motor car recklessly and at a speed and in a manner which were dangerous to the public having regard to all the circumstances of the case including the nature and use of the road and the amount of traffic which was actually at the time or which might reasonably have been expected to be there, and by causing said motor car to collide with said motor van as aforesaid; contrary to the Road Traffic Act, 1956, section 8 (1), and (b)...
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