Causing Death by Careless or Inconsiderate Driving

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. Road Traffic Act 1988 Section 2B

The main elements of the offence of causing death by careless, or inconsiderate, driving are that the defendant:

  • Drove in a way that was either careless or inconsiderate;
  • and that the driving
  • Caused the death to occur.

CARELESS AND INCONSIDERATE DRIVING
The definition of careless and inconsiderate driving is set out in Road Traffic Act 1988, section 3, as follows:

If 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 place, he is guilty of an offence.

Section 3ZA of the Road Traffic Act defines Careless and inconsiderate driving in the following terms:

(1) A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.

(2) In determining for the purposes of subsection (1) above what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

(3) A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.

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