driving offences

Article 9 Road Traffic (NI) Order 1995

Causing Death or Grievous Bodily Injury by Dangerous Driving

Actus Reus

1. Driving a mechanically propelled vehicle

2. On a road or other public place

3. Driving was dangerous

4. Caused death or grievous bodily injury (GBI)

Dangerous Driving (Art 11 test)

• Two-stage objective test:

  • Driving falls far below the standard of a competent and careful driver

  • It would be obvious to such a driver that the driving was dangerous

• “Dangerous” = danger of injury to persons or serious damage to property

• Driver’s special skill is irrelevant

Vehicle State

• Dangerous if obvious defect, load, attachment, or condition makes driving dangerous

Causation

• Driving need only be one cause, more than de minimis

• Not required to be the sole or main cause

Definitions

• Road: any roadway to which the public has access

• Public place: car parks, forecourts accessible to public

Specific Defence

• Article 22: authorised motoring event in public place other than a road

Alternative Verdicts

• Dangerous driving

• Careless driving causing death/GBI

• Careless driving

Article 11A Road Traffic (NI) Order 1995

Causing Death or Grievous Bodily Injury by Careless Driving

Actus Reus

1. Driving a mechanically propelled vehicle

2. On a road or other public place

3. Without due care and attention OR

4. Without reasonable consideration

5. Causing death or GBI

Standard of Driving (Art 12A)

• Falls below (not far below) the standard of a competent and careful driver

• Inconvenience required for “without reasonable consideration”

Objective Test

• Consider circumstances driver could be expected to know

• Also those actually within driver’s knowledge

Causation

• Driving must be more than negligible cause

Defences

• Same general defences as dangerous driving

Alternative Verdict

• Careless driving

Article 12B Road Traffic (NI) Order 1995

Causing Death or GBI While Unlicensed / Uninsured / Disqualified

Actus Reus

1. Driving on a road (public place not sufficient)

2. Causing death or GBI

3. At time of driving, committing one or more:

   • No licence (Art 3 RTO 1981)

   • No insurance (Art 90 RTO 1981)

   • Driving while disqualified (Art 168A RTO 1981)

Key Point

• No standard of driving specified

Fault Requirement

• Clarified in R v Hughes

• Must be something open to proper criticism

• Fault must contribute more than minimally

• Careless driving not required

Section 35 Offences Against the Person Act 1861

Furious Driving

Actus Reus

• Having charge of any carriage or vehicle

• Wanton or furious driving, racing, wilful misconduct or neglect

• Causing bodily harm

Key Features

• Includes bicycles

• Can occur off-road

• Requires subjective recklessness

Article 175 Road Traffic (NI) Order 1981

Failing to Stop / Remain / Report an Accident

When Duty Arises

• Accident caused by presence of vehicle on road or public place

• Injury to person (excluding driver)

• Injury to specified animals

• Damage to property (excluding driver’s own)

Duties

• Stop

• Remain for reasonable time

• Give details

• Report to police if injury or details not exchanged

Mens Rea

• Driver must be aware of the accident

• Burden shifts to defendant to show lack of awareness

Article 90 Road Traffic (NI) Order 1981

No Insurance

Actus Reus

• Using OR causing or permitting use

• On road or public place

• Without valid insurance

Nature of Offence

• Strict liability

Statutory Defence (Art 91)
Must prove:

1. Vehicle not owned or hired

2. Used in course of employment

3. No knowledge or reason to believe uninsured

Article 16 Road Traffic (NI) Order 1995

Driving / In Charge with Excess Alcohol

Actus Reus

• Driving or attempting to drive OR in charge

• On road or public place

• Alcohol exceeds prescribed limit

Prescribed Limits

• Breath: 35 micrograms

• Blood: 80 mg

• Urine: 107 mg

Specific Defence

• Hip-flask defence (Art 18 RTO 1996) driver claims they were under the legal alcohol limit while driving but drank alcohol after stopping, causing their later breath/blood test to show them over the limit

Article 15 Road Traffic (NI) Order 1995

Driving / In Charge While Unfit Through Drink or Drugs

Actus Reus

• Driving or in charge

• On road or public place

• Ability to drive impaired

Unfitness

• Drink OR drugs (including legal medication)

Defence (In Charge Only)

• Must prove no likelihood of driving

Article 17 Road Traffic (NI) Order 1995

Failure to Co-operate with Preliminary Breath Test

Actus Reus

• Failure without reasonable excuse

• Lawful requirement by uniformed constable

Reasonable Excuse

• Considered with evidential specimen issuesFailure to Co-operate with Preliminary Breath Test

  Actus Reus

  • Failure without reasonable excuse

  • Lawful requirement by uniformed constable

  Reasonable Excuse

  • Considered with evidential specimen issues

Article 18 Road Traffic (NI) Order 1995

Failure to Provide Evidential Specimen

Actus Reus

• Failure without reasonable excuse

• Lawful requirement for breath / blood / urine

Key Rules

• Breath first

• Two breath samples – lower used

• Blood/urine only in specified circumstances

Defence

• Physical or mental inability

• Substantial health risk

Article 14 Road Traffic (NI) Order 1995

Causing Death or GBI by Careless Driving While Under Influence

Actus Reus

• Careless driving

• Causing death or GBI

• Plus one of:

  • Unfit through drink/drugs

  • Excess alcohol

  • Failure to provide

  • Refusal to permit testing

Key Point

• Alcohol/drugs need not cause the death

Article 172 Road Traffic (NI) Order 1981

Taking Vehicle Without Consent (TWOC)

Actus Reus

• Taking or driving vehicle

• Without owner’s consent

Defence

• Honest belief of consent or authority

Article 172A Road Traffic (NI) Order 1981

Aggravated Vehicle Taking

Actus Reus

• Basic TWOC offence

• Plus:

  • Dangerous driving

  • Injury

  • Damage

  • Accident