In the Scottish Courts
| DOI | 10.1177/002201835602000206 |
| Published date | 01 April 1956 |
| Date | 01 April 1956 |
| Subject Matter | Article |
In the Scottish Courts
RECKLESS
CYCLING
Quinn v. Cunningham (1956
S.L.T.
55)
IN
our
last issue, there appeared abrief notice of this case
based upon Press reports (p. 70). A full report is now
available.
The
complaint tabled in the police court at Blairgowrie
charged Daniel Quinn, astudent,
that
he did (at a time and
place specified)
"ride
a pedal cycle in a reckless manner
and
did cause it to collide with
and
knock down
A.
B., whereby
both
sustained slight injuries". Objection was taken in the police
court to the relevancy of
the
complaint,
but
this objection was
repelled.
The
ground of the objection was that the complaint
did not set forth acrime known to
the
law of Scotland.
The
accused was
then
convicted on evidence
but
successfully
appealed to the High Court of Justiciary, which quashed the
conviction.
"The
charge in question," said the
Lord
Justice-General
(Clyde),
"is
brought in respect of an alleged offence at common
law.
It
consists of two separate parts; first, riding a pedal
cycle in a reckless manner and secondly causing it to collide
with someone whereby slight injury resulted. As regards the
second part of the charge, although it may found a claim for
damages, it clearly does not constitute acrime. As regards the
first
part
of the charge, mere reckless riding or driving of a
vehicle has never been treated in Scotland as a crime at common
law.
The
reason for this is not far to seek. So far as concerns
road accidents in Scotland it is an essential element in the
constitution of a crime at common law that there should be
either an intention to commit awrong or an
utter
disregard of
what the consequences of
the
act in question may be so far as
the public are concerned. Culpable homicide is the typical
example of the latter form of crime.
The
essence of culpable
homicide is the degree of culpa which has in fact resulted in
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