R v Lawrence

[1981] 1 All ER 974

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Between: R
And: Lawrence

Court:

Judges: Lord Hailsham of St Marylebone LC
Lord Diplock
Lord Fraser of Tullybelton
Lord Roskill
Lord 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

Hearing date: 5, 9 February 1981
Judgment date: 19 March 1981

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ORDER

The actus reus of the offence of driving recklessly, contrary to ss 1 and 2 ^[Fa] of the 1972 Act, is not merely driving without due care and attention but driving in a manner that creates an obvious and serious risk of causing physical injury to any other road user or substantial damage to property. The mens rea of the offence is driving in such a manner without giving any thought to the risk or, having recognised that it exists, nevertheless taking the risk. It is for the jury to decide whether the risk created by the accused's driving was both obvious and serious, the standard being that of the ordinary prudent motorist as represented by themselves (see p 977 j to p 978 a and p 982 a to c and f to p 983 g, post).

Observations on the need for brevity in summing up to a jury and in the conduct of Crown Court trials generally (see p 975 f to j, p 977 e to h, p 979 b c and p 983 d to g, post).

Notes

For causing beath by reckless driving and for reckless driving, see 33 Halsbury's Laws (3rd Edn) 622-623, paras 1047-1048.

For the Road Traffic Act 1972, ss 1, 2(as substituted by the Criminal Law Act 1977, s 50(1)), see 47 Halsbury's Statutes (3rd Edn) 1221.

Appeal

On 18 March 1980 the respondent, Stephen Richard Lawrence, was convicted at the Crown Court at Ipswich before Mr Michael Weisman, sitting as a deputy circuit judge, and a jury of causing death by reckless driving, contrary to s 1 of the Road Traffic Act 1972, as substituted by s 50(1) of the Criminal Law Act 1977. He was sentenced to six months' imprisonment and disqualified for holding a driving licence for three years. He appealed to the Court of Appeal, Criminal Division (Watkins LJ, Boreham and Hodgson JJ) which allowed his appeal on 20 May 1980 and quashed his conviction. On 23 May the court refused an application by the Crown for leave to appeal to the House of Lords but certified, under s 33(2) of the Criminal Appeal Act 1968, that the following points of law of general public importance were involved in its decision:

(1)

was mens rea involved in the offence of driving recklessly;

(2)

if yes, what was the mental element required; and

(3)

was the following a proper direction on a charge of driving recklessly: 'A driver is guilty of driving recklessly if he deliberately disregards the obligation to drive with due care and attention or is indifferent whether or not he does so and thereby creates a risk of an accident which a driver driving with due care and attention would not create'?\

On 24 July the House of Lords gave the Crown leave to appeal. The facts are set out in the opinion of Lord Hailsham LC.