R v Hennigan
299 words (1 pages) Case Summary
4th Jul 2019 Case Summary Reference this In-house law team
Jurisdiction / Tag(s): UK Law
R v Hennigan  3 All ER 133
Death by dangerous driving – cause of accident – Road Traffic Act 1960 section 1
Hennigan drove at eighty miles per hour and hit the side of a car, driven by Lowe, who was emerging from a turning in a road. Lowe’s two passengers died from the collision. The accident happened at around 11.00pm in a restricted area. Hennigan was found guilty on two counts of causing death by dangerous driving, by a verdict of ten to two, fined £25 on each count and banned from driving for five and a half years. He appealed the conviction.
Had this been a civil claim, Lowe would have been substantially to blame because she was at fault when emerging from the minor road. The trial judge directed the jury to establish two elements. The first was whether the manner of Hennigan’s driving was dangerous or not and secondly that the dangerous driving had caused the accident in question. Importantly, the judge instructed the jury that a key determination was whether the dangerous driving was a ‘substantial cause’ of the death of the two passengers in Lowe’s car. The jury also sought further clarification from the judge as to the definition of ‘substantial’.
The court emphasised that there is nothing in the Road Traffic Act 1960 section 1 which requires driving to be the substantial or even major cause of an accident. Providing the driving was something more than de minimis, the legislation is in effect. The court also supported the five and a half year driving suspension based on the fact that Hennigan was only twenty years old and already had been convicted for motoring offences.
Cite This Work
To export a reference to this article please select a referencing stye below:
Related ServicesView all
Related ContentJurisdictions / Tags
Content relating to: "UK Law"
UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.
Gunthing v Lynn - 1831
The court held that the condition to pay $5 extra for the horse if it was lucky, was deemed to be too vague to create a binding contract between the parties. The words contained in an agreement must be clear so that the parties can be sure of the terms upon they are contracting....
Fraud Claim in Absence of Justifiable Reliance
Is the plaintiff’s fraud claim barred in Absence of Justifiable reliance? Is reliance element in fraud the same considering the principle ......