A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.F1]
Definitions used in section 1 3
- drive
“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,
Defined in s.192(1) · see it in the full Act- mechanically propelled vehicle
(aa) in subsection (1) “mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act ,
Defined in s.21(3) · see it in the full Act- road
“road”
Defined in s.192(1) · see it in the full Act
Cases considering section 1 25
R v Mark Roberts
The court applied the obligatory five-year minimum disqualification for section 1 offences, subject to special reasons, and substituted that period after quashing the unlawful order (see paras [3]; [33]).
R v Connor Mears
The court upheld the 12-year sentence for the section 1 offence. It accepted that the identified high-culpability and aggravating features justified an uplift from the guideline starting point, subject to a one-third reduction for the early guilty plea (see paras [8]; [12]).
Kai Nathanial Holder v R
The court applied the offence provision through the definition of dangerous driving in section 2A. It held that the helmet issue could be considered as part of the driving in the circumstances of the case. (see paras [11]; [21])
- Brown, R. v
- K, R. v
- Marchant & Anor, R v
- Torpey, R (On the Application Of) v Director of Public Prosecutions
- Wilkinson, R (on the application of) v HM Coroner for the Greater Manchester South District & Ors
- Elbeyati v Federation of Bosnia and Herzegovina
- R v Hughes
- R v Aaron Donnelly
- R v John Bates
- R v Nathan Shultz
- Ravikumar, R v
- Daniels, R. v
- Magee, R v
- Usaceva, R. v
- Williams, R. v
- Mari, R v
- Boot, R v
5 more judgments, and what each says about section 1, are in the case-law panel in the full Act.
Amendments and notes
1 notes from legislation.gov.uk
Amendments
- F1Ss. 1-2A substituted (1.7.1992) for ss. 1-2 by Road Traffic Act 1991 (c. 40, SIF 107:1), s.1; S.I. 1992/1286, art. 2,Sch.