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death by careless driving

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death by careless driving

Postby megaman » Tue Oct 25, 2016 7:48 pm

I was reading the CPS guides on death by careless driving and it has a section on causation.

causation is defined as "but for the defendants actions the forbidden harm would not have happened"
like all other elements of the offence this has to be cause beyond all reasonable doubt

so

in a case where someone is speeding in a 30 limit and causes a death
assuming 30 is held to be a speed a carefull and competant driver would do on that road

there is 15.5% risk of death when crashing into a pedestrian at 30mph
https://www.aaafoundation.org/sites/def ... sSpeed.pdf

This means that if a person is doing any speed ubove that there is a only an 85% chance max that the death would have occured but for their careless driving.
proof beyond all reasonable doubt has not been achived.

Is this often a problem in these cases?
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Re: death by careless driving

Postby Smouldering Stoat » Tue Oct 25, 2016 8:10 pm

A causes the death of B. There is a 100% chance that B is dead.

The question for the court is whether A's driving falls below the standard of what would be expected of a competent and careful driver, and whether B died as a result. There may only have been a 15% of B dying, but we start from the position that B is dead. How did B die, if not as a result of A's driving? Is there a break in the chain of causation?

Note that proof beyond reasonable doubt does not equate to 100% certainty.
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Re: death by careless driving

Postby atticus » Tue Oct 25, 2016 8:33 pm

Probabilty is irrelevant. B has died. Was his death caused by A driving carelessly.
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Re: death by careless driving

Postby shootist » Tue Oct 25, 2016 9:14 pm

Is there proof beyond reasonable doubt that just because a person has no heartbeat, is not breathing, and it laying still, that we can conclusively prove beyond reasonable doubt that he is dead? Would a jury be convinced, especially if they couldn't see the person alleged to be dead? Perhaps if the car was only doing 30 mph then the person could only be 15.5% dead. The judicial system is going to have a fit when it discovers these burning issues.
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Re: death by careless driving

Postby atticus » Tue Oct 25, 2016 9:48 pm

By burning issues are you referring to cremation?
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Re: death by careless driving

Postby shootist » Tue Oct 25, 2016 10:22 pm

No. Just my forthcoming Christmas dinner. Which reminds me, it's nearly time to get the sprouts on the boil if they're going to be ready in time.
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