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
