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R v Williams [2011] 1 WLR 588 Court of Appeal
The appellant was driving on a dual carriageway when a man
stepped into the road right in front of him. He was unable to stop and the man
was killed. The appellant was not speeding and had not in anyway been driving
recklessly or without care. Two witnesses gave evidence that it would have been
impossible to avoid hitting the man given the closeness to the car when he
stepped out. However, at the time of incident, the appellant had no driving licence
or insurance. He was convicted of causing death by driving without a licence
under s.3ZB Road Traffic Act 1988. He appealed on two grounds:
1. that the offence could not be committed without
proof of fault in causing the death. His failure to have a licence and
insurance was at fault but it wasn’t this that caused the death.
2. Alternatively his driving, although a cause of
death, was minimal in relation to the victim’s own action in causing death.
Held:
Appeal dismissed. His conviction was upheld. The offence was
one of strict liability and therefore fault in causing death was not required.
It was sufficient that his driving was a cause of death it need not be a
substantial cause.
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R v Williams 2011
