header-logo header-logo

11 January 2007
Issue: 7255 / Categories: Opinion , Health & safety
printer mail-detail

Criminal carelessness

Kris Gledhill responds to comments on the legitimacy of the offence of causing death by careless driving

In his article, Crime of consequences?, 8 December 2006 (see 156 NLJ 7252, p 1876), retired District Judge (magistrates’ courts) Paul Firth argues an orthodox position that the consequences of a road traffic crash should not affect the criminal liability which attaches. This was the case when the only offence available was careless driving. But the judge then criticises the creation of the new offence of causing death by careless driving, setting out the view that the criminal law should not extend to penalise negligence.
There is, however, nothing wrong with the criminal law attaching greater significance to more serious consequences; nor is there any concern arising from liability for negligence. Both are features which are well-established in the law, and the new offence of causing death by careless driving should not be criticised on those grounds.

It is a long-established part of our criminal law that the effect of criminal conduct can turn that conduct into a more serious
offence. The most obvious example is murder: a punch to the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll