The Assizes
| Date | 01 October 1963 |
| Published date | 01 October 1963 |
| DOI | 10.1177/002201836302700402 |
| Subject Matter | Article |
The
Assizes
CAUSING DEATH BY DANGEROUS DRIVING
R. v. Gould
THIS ruling given by Brabin,
J.,
at
the
Sussex assizes is a
useful authority on whatis to be understood by
the
causing
of death by dangerous driving
under
s. Iof
the
Road Traffic
Act, 1960 (1963
J.P.
414).
The
accused was charged with
this offence,
the
person killed being another motorist with
whom he collided in
the
middle lane of a three-lane highway.
It
was submitted for
the
defence
that
aperson can be con-
victed of causing death by dangerous driving only where his
driving was
the
sole substantial cause of
the
death, although
there might be other minor causes.
It
was urged
that
where
two motorists are more or less equally responsible for
the
death neither can be convicted of
the
offence.
This
reasoning
was rejected by
the
judge even though it was
true
that
on
the
facts
the
deceased driver
had
himself shown negligence
and
might, therefore, be said to have been apartial cause of his
own death. After hearing argument from counsel on
both
sides Brabin,
J.,
said
that
he would direct
that
the
law on
the
matter was
that
the
Act required
"a
substantial cause"
and
not
"the
substantial cause" on
the
part
of
the
accused in
respect of the offence of causing death.
The
direction which was later given was as follows:
"What
is causing death?
In
this case you may
think
that
the
deceased
man
drove in a manner dangerous to the public. You may
thinkthat, I do not know, for it is you who will decide
the
matter.
But
if
you find
that
the
accused drove in a manner dangerous
to
the
public, you may also find
that
the
accident in which
the
death took place was caused by two persons driving in a
amanner dangerous to
the
public.
In
order to convict
the
accused in such circumstances of causing death by dangerous
driving you would have to be sure
that
his driving was a
substantial cause of
the
death.
If
it did
not
measure
up
to
that, to being asubstantial cause of death,
then
he would be
not
guilty of causing death by dangerous driving".
261
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