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UK Supreme Court holds that uninsured drink driver was not criminally responsible for fatal accident

03/02/16

The appellant was driving a tipper truck, belonging to his friend’s employer, without permission. He collided with a scooter on bend in a narrow country lane. The scooter slid under the wheels of the truck and the rider was killed. He was charged with the offence of aggravated vehicle taking.

The appellant was later found to be over the drink drive limit and uninsured. However, the prosecution conceded that there was no evidence of any fault in the relojes de imitacion manner of his driving.

As there was no causal connection between the appellant’s driving and the collision, the Supreme Court held that the appellant could not be held criminally responsible for the fatal accident. There had to be “at least some act or omission in the control of the car which involved some element of fault, whether amounting to careless/inconsiderate driving or not, and which contributed in some more than minimal way to the death”.