R v Lawrence
[1981] 1 All ER 974(Decision by: Lord Roskill)
Between: R
And: Lawrence
Judges:
Lord Hailsham of St Marylebone LC
Lord Diplock
Lord Fraser of Tullybelton
Lord RoskillLord Bridge of Harwich
Subject References:
criminal
Criminal Law
Road Traffic
Road traffic
Reckless driving
Causing death by reckless driving
Reckless
Mens rea
Mental element required
Proper direction to be given to jury
Legislative References:
Road Traffic Act 1972 - ss 1, 2 (as substituted by the Criminal Law Act 1977, s 50(1))
Case References:
Allan v Patterson - [1980] SLT 77; [1980] RTR 97
R v Caldwell - p 961, ante, HL
R v Evans - [1962] 3 All ER 1086; [1963] 1 QB 412; [1962] 3 WLR 1457; 127 JP 49; 61 LGR 32; 47 Cr App R 62, CCA; 45 Digest (Repl) 87, 298
R v Murphy (William) - [1980] 2 All ER 325; [1980] QB 434; [1980] 2 WLR 743; [1980] RTR 145, CA
R v Sheppard - [1980] 3 All ER 899; [1980] 3 WLR 960, HL
R v Stephenson - [1979] 2 All ER 1198; [1979] QB 695; [1979] 3 WLR 193; 143 JP 592; 69 Cr App R 213, CA; Digest (Cont Vol E) 161, 12,692a
Judgment date: 19 March 1981
Decision by:
Lord Roskill
My Lords, I have had the advantage of reading in draft the speeches of my noble and learned friends Lord Hailsham LC and Lord Diplock. I agree that this appeal fails for the reasons given by my noble and learned friend Lord Diplock in his speech. On the wider issues with which my noble and learned friends Lord Hailsham LC and Lord Diplock deal, I wish to express my respectful concurrence with what they have said. I would only add that but for the tragedy involved in this case, the charge would have been one of reckless driving which could and very probably would have been heard in a magistrates' court. It is difficult to believe that any magistrates' court would not have dealt with this case if not in a morning at least within one full day and reached the correct answer, whatever it might be.