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.F10]
Definitions used in section 2B 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 2B 14
Holman, R. v
The court treated the new causing-death-by-careless-driving offence as unavailable because it was not in force when the offence was committed. The fatal consequence instead required a very significant uplift from the ordinary careless-driving fine guideline. (see paras [14]-[17])
Larke, R v
The court treated section 2B as creating the offence of causing death by careless driving and noted its maximum sentence of five years’ imprisonment. Parliament’s enactment of the provision supported a custodial sentence, but did not justify an excessive immediate term in the circumstances (see paras [1]; [7]; [14]).
R v Christopher McCann
The alleged offence requires the driving to have taken place on a road or other public place. The court applied the public-access test and concluded that the judge had not misdirected himself. (see paras [4], [16], [68]-[70], [76]-[78])
- 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
- R v Hughes
- Fiona Hodge & Ors v R
- R v Imran Malik
- Magee, R v
- Greenhalgh, R v
- Williams, R. v
- Hall, R v
- Campbell v R
- Professional Standards Authority for Health and Social Care v General Dental Council
What each judgment says about section 2B is in the case-law panel in the full Act.
Amendments and notes
1 notes from legislation.gov.uk
Amendments
- F10S. 2B inserted (18.8.2008) by Road Safety Act 2006 (c. 49), ss. 20(1), 61(1) (with s. 61(4)(5)); S.I. 2008/1918, art. 2