R v Myers and another [2007] EWCA Crim 599, [2007] All ER (D) 241 (Feb)
Three cars was travelling in convoy and were being driven dangerously. One car crashed because the driver attempted a handbrake turn; the driver was killed.
There was no contact between the three cars; the cause of the accident was the manner of the deceased’s driving. The other two drivers were charged with dangerous driving. They had not been given any warning notice under RTOA 1988, s 1(1).
HELD The policy behind the exception in RTOA 1988, s 2(1) is that drivers who have committed a relevant road traffic offence and whose vehicles are involved in or concerned with an accident do not need the warning or notification prescribed by s 1 because the very fact of being involved or concerned with the accident is a sufficient indication of the risk of prosecution.
Section 2(1) requires both the commission of a road traffic offence and an accident occurring at the time of the offence, or immediately after it, owing to the presence on the road of a vehicle in respect of which the offence was committed. Although in many cases the offence would be the (or at least a) cause of the accident, s 2(1) does not so require.
Rather, it requires there to be a sufficient causal link between the offence and the accident that the driver does not need to be warned of the risk of prosecution. In this case, there was a sufficient causal link between the deceased’s accident and the presence on the road of the vehicles driven by the defendants, as the accident occurred owing to the presence on the road of all three dangerously driven vehicles.
