R v Hughes

Ratio Decidendi

Facts

Mr Hughes was driving his family home in his camper van along the A69, faultlessly and at a steady 45-55 mph, when a car driven by Mr Dickinson - who was under the influence of heroin and overtired after a series of 12-hour night shifts - veered repeatedly across the road and smashed into the camper van; Mr Dickinson died of his injuries. It was accepted on all sides that there was nothing Mr Hughes could do to avoid the collision, but he was uninsured and held only a provisional licence, and he was prosecuted under section 3ZB of the Road Traffic Act 1988 for causing death by driving while uninsured and otherwise than in accordance with a licence. The Recorder of Newcastle ruled that he had not caused the death, but the Court of Appeal, considering itself bound by R v Williams, ruled that he had in law caused it.

Judgment Summary

Lord Hughes and Lord Toulson, giving the judgment of a unanimous court, held that Parliament's choice of the words “causes … death … by driving” imports the common law's common-sense approach to causation, which distinguishes a mere “but for” cause that sets the stage for an occurrence from a legally effective cause of it. By the test of common sense, what brought about Mr Dickinson's death was his own dangerous driving under the influence of drugs; since it was agreed that there was nothing Mr Hughes did or omitted to do in the manner of his driving which contributed in any way to the death, the appeal was allowed and the Recorder's ruling restored. Juries should be directed that the Crown need not prove careless or inconsiderate driving, but that there must be something open to proper criticism in the defendant's driving, beyond the mere presence of the vehicle on the road, which contributed in some more than minimal way to the death.

Key Quotes

Subsequent Treatment