R V HUGHES

[2013] UKSC 56, Supreme Court, Lord Neuberger, Lord Mance, Lord Kerr, Lord Hughes and Lord Toulson, 31 July 2013

Insurance (motor) - Uninsured driver involved in accident causing death - Driver not at fault - Whether driver committed offence under Road Traffic Act 1988, section 3ZB

H was driving a vehicle without insurance and without possessing a driving licence. He was involved in a collision in which another driver, D, was killed. The collision was entirely the fault of D. H was nevertheless prosecuted under section 3ZB of the Road Traffic Act 1988 (added by the Road Safety Act 2006) under which a person is guilty of an offence if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence by driving unlicensed (section 87), driving while disqualified (section 103) or using a motor vehicle while uninsured (section 143). The Supreme Court ruled that an offence was not committed simply because an uninsured driver was involved in a fatal accident, and that it was necessary for it to be shown that the driving of the defendant was open to criticism. The expression "causes ... death ... by driving" required at least some act or omission in the control of the car, which involved some element of fault, whether amounting to careless/inconsiderate driving or not, and which contributed in some more than minimal way to the death.