Alec Samuels questions whether the new offence of death by careless driving will improve safety and justice on the roads
Everybody knows the problem. There are over 3,000 deaths a year on our roads in “accidents”. By a piece of “unfortunate” driving the driver (D) caused the death of the victim (V), who might be a child. There was not enough evidence to prove dangerous driving and causing death by dangerous driving, so D was prosecuted for careless driving, convicted, and fined—custody not being available. The bereaved family was outraged.
Now, courtesy of the Road Safety Act 2006 (RSA 2006), s 20(1), we have the new offence of causing death by careless driving, with a maximum of one year’s imprisonment and/or a level 5 fine in magistrates’ courts, and five years’ imprisonment in crown courts:
“A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.”
PHILOSOPHICAL ARGUMENTS
There has long been a
