A recent Scottish case has highlighted the impact of a Supreme Court ruling on causing death while driving a motor vehicle when the driver is unlicensed, uninsured or disqualified from driving.
The Scottish case concerns a man called William Payne, who was charged with causing the deaths of two teenage girls in Glasgow in 2010. The girls were standing on a pavement waiting to cross the road when Payne’s car mounted the pavement and hit them. Both later died from their injuries, while Payne, who claimed that he had had a black out, was diagnosed with a form of epilepsy - something he had previously been unaware of.
Payne was charged with causing their deaths while driving uninsured. However, according to the Telegraph, it has now been decided that, in light of the Supreme Court ruling in July, no further proceedings should be taken against him.
As we reported in August, the Supreme Court ruling related to an appeal by a Mr Hughes against his conviction for causing death by driving while uninsured and unlicensed.
In that case it was found that Mr Hughes' driving had been faultless and that the accident was entirely the fault of the deceased, a Mr Dickinson, who was found to have had a significant quantity of heroin in his system and was overtired following completion of a series of 12-hour nightshifts.
On appeal, the Supreme Court ruled that Mr Hughes’ driving must, in law, have been a cause of the death of Mr Dickinson in order to sustain the charge. As this was plainly not the case, the Supreme Court found in Mr Hughes' favour.
Contact Lewis Nedas’ Criminal Lawyers in London
If you have been charged with driving while unlicensed and uninsured and require specialist legal advice, please contact our solicitors Jeffrey Lewis or Siobhain Egan on 020 7387 2032 or complete our online enquiry form here.
This blog post is intended as a news item only - no connection between Lewis Nedas and the parties concerned is intended or implied.
