R v Kimsey [1996] Crim LR 35
Court of Appeal (Criminal Division) — causation in causing death by dangerous driving.
Facts
Kimsey and Osbourne drove at high speed in very close convoy. Osbourne lost control of her car, which collided with Kimsey’s vehicle and then with an oncoming car. She died in the accident.
Kimsey admitted chasing her but denied attempting to overtake immediately before the accident. He argued that an unexpected swerve by Osbourne had caused her to lose control. A defence expert considered that she had already lost control before the collision between their cars.
The prosecution argued that Kimsey’s dangerous driving caused or contributed to the fatal accident: either he cut in while overtaking, or his close pursuit contributed to Osbourne’s loss of control and the resulting collision.
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Issue
The challenge concerned the judge’s direction on causation. The jury had been told that Kimsey’s dangerous driving need not be the principal or a substantial cause of death, but must be a cause with more than a slight or trifling connection to the fatal crash.
Decision
The court rejected the challenge to the conviction. Applying R v Hennigan, it held that the driving’s contribution to the death had to be more than minimal. Describing a cause as substantial could be useful, but was not a compulsory form of direction.
The judge’s explanation conveyed the necessary causal connection. It did not allow conviction merely because Kimsey was present or because there was some unrelated connection between his driving and the death.
His challenge to the sentence also failed. The existing sentence of two years’ imprisonment and four years’ disqualification remained in place.
Legal principle
Dangerous driving need not be the sole or principal cause of death. It must, however, make a causal contribution exceeding the minimal threshold. The jury direction was assessed for the meaning it conveyed, rather than the use of one prescribed adjective.
Report citation: [1996] Crim LR 35.
