Why is "Causing death by dangerous driving" an extra offence in the UK?

Posted by Caladeutschian@reddit | AskUK | View on Reddit | 12 comments

I have been reading up on the BBC about the horrendous crashing in West Yorkshire where 6 people died and leaving an 11 year-old girl without parents and without her sisters. Awful, just awful. I read today that a driver of a Porsche 911 who seems to be involved as a hit and run has been found and charged with "Causing death by dangerous driving". Why does this offence even exist? Why is this not manslaughter? Or even murder, depending on the exact circumstances? This is not the first time this question has passed through my mind with regard to traffic incidents in the UK. But this time I'm seeking an answer, if there is one.

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12 Comments

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Moogle-Mail@reddit

There was no intention to cause a death.

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Caladeutschian@reddit (OP)

That is why murder and manslaughter are different offences.

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TheEnormousCrocodile@reddit

A less strict mens rea makes it easier to prove than manslaughter is the short answer.

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LondonCycling@reddit

It's more difficult to make the manslaughter offences. One requires a criminal act to be committed to cause the death. If you can't prove say speeding or drink driving clear cut, you can't use this manslaughter route. Another requires gross negligence. If somebody makes a poorly timed overtake and crashes head on with another car, you can argue that this was not an obvious and serious risk, but you can say that it was dangerous driving. The latter offence merely requiring that the standard of driving fell well below the expected standard of a competent driver. I do get your point however. There's the old adage in the UK of, "If you want to kill someone, do it in a car." - drivers get off far too easily with the lesser sentencing that comes with motoring offences. It shouldn't be that way.

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Caladeutschian@reddit (OP)

> There's the old adage in the UK of, "If you want to kill someone, do it in a car." - drivers get off far too easily with the lesser sentencing that comes with motoring offences. It shouldn't be that way. Thanks you for maybe agreeing with me. It does seem do be true. No doubt the full truth will come out the trial.

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scouserman3521@reddit

Manslaughter is an act which kills but where the intention wasn't to kill or the person committing the offence was emotionally or mentally disturbed to the point of being considered not fully in control. Murder is the crime of intentionally killing, usually with elements of malice and premeditation with the intention to cause serious injury or even death. Death by dangerous driving is neither of these things, it is an accidental killing of a person, without intention, entirely as it were, by accident, apart from the dangerousness of the driving that caused the death. So, in the main, it is down to intentionality. For example, one could with malice use their vehicle to commit a murder, and be prosecuted for such as murder. It clearly isn't the same as someone speeding and causing an accident in which someone dies.

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ukbot-nicolabot@reddit

[OP or a mod marked this as the best answer](https://www.reddit.com/r/AskUK/comments/1eb3x0w/why_is_causing_death_by_dangerous_driving_an/lepz6d5/), given by /u/Thesunismexico. > It outlines the reasons towards the bottom. > > https://www.cps.gov.uk/legal-guidance/road-traffic-fatal-offences-and-bad-driving --- [_^(What is this?)_](https://www.reddit.com/r/AskUK/comments/jjrte1/askuk_hits_200k_new_feature_mark_an_answer/)

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Thesunismexico@reddit

It outlines the reasons towards the bottom. https://www.cps.gov.uk/legal-guidance/road-traffic-fatal-offences-and-bad-driving

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Caladeutschian@reddit (OP)

!Answered

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SomeHSomeE@reddit

The CPS guide on driving offences has a good explanation here https://www.cps.gov.uk/legal-guidance/road-traffic-fatal-offences-and-bad-driving (scroll down to the parts on manslaughter). Basically manslaughter can be charged (either manslaughter by unlawful act or manslaughter by gross negligence). But the bar for these offences is different from specific driving offences and should only be charged where there is a realistic chance of conviction. Basically it's saved for the very worst ones.

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Cynorks778@reddit

Because the bar for manslaughter to convict is such that juries historically rarely convicted anyone. I think it was in the 50s they introduced the specific offence to have harsher sentences when compared to undue care or attention driving offences.

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