Question about car theft and manslaughter/murder.

Speed Boat

Hey there,

I'm working on a short story that involves a stolen car being crashed. The passenger in the car dies and the driver survives.

Would the driver be held responsible for the death? I assumed you could be charged with manslaughter or murder in this instance.

Would the passengers family have a say in pressing charges?

Hope this makes sense. Any help or opinions appreciated. Sorry if I'm in the wrong place.

hullaballoo

The charge usually brought here is dangerous driving causing death. This is because there are evidential difficulties in bringing a murder charge where the prosecution have to establish the intent to kill or cause serious harm. Obviously, dangerous driving causing death, although it is a serious charge, is not as serious as murder and therefore attracts a lesser sentence. The relevant legislation is s. 53 of the Road Traffic Act, 1961. That section has been amended numerous times, although to what effect I don't know. You can research it further here: http://www.irishstatutebook.ie/isbc/1961.html#a24_1961

Family members do not generally have a role in the decision to press charges as it is viewed as a matter between the State and the accused. However, it is au courant for "victim impact statements" to be given by those affected by the alleged crime.


Edit: Please also wait for other people's input on this because I have not come across this sort of case for quite some time and some of the amendments are quite recent.

coylemj

For a charge of murder to stick, the prosecution would need to show that there was 'malice aforethought' which in this case would mean that he intended to hit someone at speed such that there was a reasonable chance of him being killed.

Edit: I couldn't see any circumstances under which the driver could be convicted of murder where the victim was a passenger in the car though I do remember a scene in the movie 'The Last Seduction' where the driver persuaded the passenger to remove his seatbelt, then she deliberately crashed the SUV into a tree causing his death, she had an airbag, he did not.

Manslaughter would require them to prove a very high level of recklessness, an example perhaps might be driving a car at speed along a footpath whereupon someone walks out of a building and is mown down.

Otherwise it would be S.53 - Dangerous driving causing death or serious harm, I don't think the definition of the offence has been significantly amended since the original act of 1961.

And note that in S.53 it is stated.......

Where, when a person is tried on indictment or summarily for an offence under this section, the jury, or, in the case of a summary trial, the District Court, is of opinion that he was not guilty of an offence under this section but was guilty of an offence under section 52 of this Act, the jury or court may find him guilty of an offence under section 52 of this Act and he may be sentenced accordingly.

S.52 is the lesser offence of 'driving without due care and attention', it's commonly referred to as simply 'careless driving'.

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0053.html#sec53

gozunda

Speed Boat wrote: »

Hey there,

I'm working on a short story that involves a stolen car being crashed. The passenger in the car dies and the driver survives.

Would the driver be held responsible for the death? I assumed you could be charged with manslaughter or murder in this instance.

Would the passengers family have a say in pressing charges?

Hope this makes sense. Any help or opinions appreciated. Sorry if I'm in the wrong place.

The following case brings up some interesting points- not exactly the scenario but the fact that a relative took the action may be

http://www.rte.ie/news/2011/0405/299513-mahoneym/

Pro Hoc Vice

gozunda wrote: »

The following case brings up some interesting points- not exactly the scenario but the fact that a relative took the action may be

http://www.rte.ie/news/2011/0405/299513-mahoneym/

Don't see any connection to the OP's question, which involved stolen car and murder/manslaughter.

gozunda

infosys wrote: »

Don't see any connection to the OP's question, which involved stolen car and murder/manslaughter.

Info posted re OPs question ...

As I clearly stated it is not the same scenario but as the OP has explained they are writing a story / storyline

With the idea of 'pressing charges' not an option what may be of interest / detail is bringing a case to court as in this instance the dead girls family ie grandmother brought a (civil) case against the dead driver (who also happened to be the father of the child and partner of his who also died).

Ps I am also a writer.

OP of course free to disregard or otherwise

Pro Hoc Vice

gozunda wrote: »

??? - Info posted re OPs question ...

As I clearly stated it is not the same scenario but as the OP has explained they are writing a story / storyline

With the idea of 'pressing charges' not an option what may be of interest / detail is bringing a case to court in this instance the dead girls family ie grandmother brought a (civil) case against the dead driver (who also happened to be the father of the child and partner of his who also died).

Ps I am also a writer.

OP of course free to disregard or otherwise

The OP asked would the surviving driver be charged with murder or manslaughter and would the dead persons family have any say in pressing charges.

The case you linked to was a civil case where the dead driver who caused the action had his estate sued in a civil action and his insurance company paid out. The bringing of a civil case is no issue as all drivers even uninsured are covered for third party liability.

The OP's story also involved the car being stolen, the family of the dead person could sue in civil courts and would get a payout but same would be reduced due to contributory negligence.

gozunda

infosys wrote: »

The OP asked would the surviving driver be charged with murder or manslaughter and would the dead persons family have any say in pressing charges.

The case you linked to was a civil case where the dead driver who caused the action had his estate sued in a civil action and his insurance company paid out. The bringing of a civil case is no issue as all drivers even uninsured are covered for third party liability.

The OP's story also involved the car being stolen, the family of the dead person could sue in civil courts and would get a payout but same would be reduced due to contributory negligence.

Thanks for that

Not to be pedantic however the reply concerns the development of the story (& in the absence of pressing charges) an example of a family bringing a (civil) case in relation to a fatal crash

There is at least one relatively recent instance of civil proceedings in the case of a murder / manslaughter that the OP could look up

I am obviously replying with a writers hat on in this instance. Please do feel free to develop your own reply to the OP

As stated they are free to disregard or otherwise this example