Causing Death by Careless or Inconsiderate Driving

Question 1

Q: What is the offence?

Answer 1

S2B 1988 Act
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.

Question 2

Q: What type of offence is it?

Answer 2

Triable either way offence
5 years’ imprisonment and/or a fine on indictment
Obligatory disqualification

Question 3

Q: What are the essential elements of this offence?

Answer 3

1: Road or public place
2: MPV
3: Death of another
4: Careless or inconsiderate driving must cause the death of another
5: No intoxicants involved here

Question 4

Q: Why was this offence introduced?

Answer 4

This section was added to bridge the gap between causing death by dangerous driving and careless driving that resulted in death.
There will clearly be an overlap between the driving standards of this offence and those of causing death by dangerous driving, a fact the courts have recognised.