Automatism meaning

Careless or inconsiderate driving If someone drives a car carelessly on a road or in a public place, or acts without regard for other users of that road or place, they may commit the offence of careless or inconsiderate driving under section 3 of the Road Traffic Act 1988 (RTA 1988). Under RTA 1988, s 3, the offence is triable summarily only. Elements of the offence of careless driving To be convicted, it must be shown that a person: drives 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 public place Drive Although the RTA 1988 does not define driving, the courts have ruled that driving is a physical act that only an individual can perform. The Divisional Court has determined that the expression does not extend to a limited company (Richmond London Borough Council v Pinn and Wheeler...

Intention Intention denotes the result the defendant seeks. Offences are often categorised as ones of basic intent or specific intent. The Court of Appeal has labelled this division elusive. Even so, the Court offered guidance on specific intent: crimes of specific intent require proof of purpose or consequence, and include, though are not limited to, cases where the objective extends beyond the actus reus, sometimes called ulterior intent. The Court also endorsed the analysis that a line can be drawn between (i) intention considered in light of the actor’s purposes and (ii) intention viewed apart from those purposes. In some instances a general intent accompanying the act is all that is needed to constitute the offence; in others, in addition to that general intent, there must be a specific intent linked to the purpose for which the act is done. Put plainly, specific intent offences require an intention to secure something beyond the act itself, whereas basic intent offences require only an intention to carry out...

Causing death by careless or inconsiderate driving A motorist who drives without due care or with a lack of regard for other road users, and whose driving leads to a fatality, may commit the offence of causing death by careless driving under s 2B of the Road Traffic Act 1988 (RTA 1988). It is an either-way offence, capable of being heard in the Crown Court or the magistrates’ court. Elements of the offence of death by careless driving The prosecution must demonstrate that the defendant: caused another person’s death 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 public place CPS guidance on charging decisions arising from driving incidents has been revised. The two most notable updates from the earlier guidance relate to drivers responding to emergencies and fatalities where the deceased is a close friend or...