R v Marison
| Jurisdiction | England & Wales |
| Judgment Date | 08 July 1996 |
| Date | 08 July 1996 |
| Court | Court of Appeal (Criminal Division) |
Court of Appeal, Criminal Division
Before Lord Justice McCowan, Mr Justice McCullough and Mr Justice Toulson
Road traffic - dangerous driving - diabetes
When a diabetic driver, who was aware that there was a real risk that he would have a sudden hypoglycaemic attack, got into his car and started to drive and such an attack occurred, resulting in his car veering, crashing into an oncoming vehicle and killing its driver, such driving fell within the definition of dangerous driving within section 2A of the Road Traffic Act 1988, as substituted by section 1 of the 1991 Act.
The Court of Appeal, Criminal Division, so held when dismissing the appeal of Lee John Marison against his conviction, following a plea of guilty on April 30, 1996 at Ipswich Crown Court (Judge Turner) of causing death by dangerous driving.
Mr Stewart Wernham, assigned by the Registrar of Criminal Appeals, for the appellant; Mr Peter Fenn for the prosecution.
LORD JUSTICE McCOWAN, giving the judgment of the court, said that the appellant changed his plea to guilty following a voir-dire in which the judge found that the appellant was fully aware when he got in his car that he was prone to hypoglycaemic attacks without warning, that that constituted "circumstances of which he could be expected to be aware" and of which he had knowledge, and that the facts in this case could amount to dangerous driving.
In R v Woodward (Terence)TLRWLR (The Times December 7, 1994; [1995] 1 WLR 375) a case of self-induced intoxication, Lord Taylor of Gosforth, Lord Chief Justice, said that it would be strange if Parliament...
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...a circumstance towhich the court could admit as a relevant circumstance under s. 2A(3).Similarly, the decision of the court in R vMarison [1997] RTR 457 toRelevance of Driving Skill to a Charge of Dangerous admit evidence of a driver’s knowledge that he was subject to hypo-glycaemic episode......