Dangerous Driving +/- Causing Death

karlitob

Hi all,

Whats the difference between being charged for 'Dangerous Driving' in which someone in the incident died and 'Dangerous Driving Causing Death' when the consequence was the same.

I knew someone who was knocked down by a car on a road and was instantly killed and just read this article: http://www.irishtimes.com/newspaper/ireland/2011/0319/1224292609738.html

Seems the same to me.

Thanks for the comments

coylemj

If nobody was killed or seriously injured then the Gardai would typically prosecute for plain Dangerous Driving, contrary to Section 53(1) of the RTA 1961. However if they planned to use the fact that somebody was killed or seriously injured to aim for the higher penalty, then on the charge sheet or summons they would quote the penalty part of the section and mention Section 53(2a) which would then be quoted in the newspapers as 'Dangerous Driving causing death or serious bodily injury' and in most cases the District Court judge would refuse jurisdiction and send it up to the Circuit Court.

Technically there is only one offence and that is the one in subsection 1.

53.—(1) A person shall not drive a vehicle in a public place at a speed or in a manner which, having regard to all the circumstances of the case (including the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be therein) is dangerous to the public.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and—

(a) in case the contravention causes death or serious bodily harm to another person, he shall be liable on conviction on indictment to penal servitude for any term not exceeding five years or, at the discretion of the court, to a fine not exceeding five hundred pounds or to both such penal servitude and such fine, and

(b) in any other case, he shall be liable on summary conviction to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

MagicSean

I think the op is wondering why a person would only be charged with dangerous driving even when someone dies. I dont think there's is any hard rule op but two thing would have to be considered. Firstly the DPP would have to prove that the dangerous driving directly caused the death. Secondly, they will most likely look at the extent of the dangerous driving and how likely the driver was to have killed someone by the way he was driving. Irish juries are very soft and reluctant to convict on a serious charge if there is a lower one available.

Reloc8

Dangerous driving causing death or serious injury is indictable and carries a higher sentence. Dangerous driving simpliciter is dealt with in the district court and has a maximum sentence of 12 months.

In terms of selecting the charge the question where someone dies or is seriously injured is whether the dangerous driving caused that consequence.

k_mac wrote: »

Irish juries are very soft and reluctant to convict on a serious charge if there is a lower one available.

That's overly general. Your mileage may vary.

karlitob

k_mac wrote: »

I think the op is wondering why a person would only be charged with dangerous driving even when someone dies. I dont think there's is any hard rule op but two thing would have to be considered. Firstly the DPP would have to prove that the dangerous driving directly caused the death. Secondly, they will most likely look at the extent of the dangerous driving and how likely the driver was to have killed someone by the way he was driving. Irish juries are very soft and reluctant to convict on a serious charge if there is a lower one available.

Hi,

Thanks very much for the posts - just what I was looking for.

Can I ask an obvious question - the car in question rolled over this person and was killed instantly. I understand what you mean in that dangerous driving might cause another car to slide off the road but if went into a ditch, rolled over and the person trapped couldn't get out for a while and was eventually taken to hospital where they eventually died would be considered dangerous driving only. But if the car rolled right over him and killed him - surely that would mean DD causing death.

karlitob

Reloc8 wrote: »

In terms of selecting the charge the question where someone dies or is seriously injured is whether the dangerous driving caused that consequence.

.

Thanks for your post - surely all dangerous driving that causes death is dangerous driving that causes death - says he naively