Criminal Liability For Serious Traffic Offences

The criminal law on serious traffic offenses presents legislators with numerous controversial issues. One such issue is when severe consequences are matched with low moral culpability. How should the law deal with a driver who kills someone because she failed to see the person when looking? Another controversial issue concerns highly culpable behavior that remains without serious consequences. How should the law cope with a driver who nearly kills someone when overtaking recklessly? The traffic context generates many hard cases that call the outermost boundaries of general doctrinal concepts like intent, negligence, or causation into question. This book contains an international collection of essays on criminal liability for serious traffic offenses. With a focus on England/Wales, the Netherlands, France, Germany, and Spain, the book reveals that there are enormous differences in both drafting and interpretation of serious traffic offenses. Additionally, it elaborates on the role of culpability and harm in sentencing, traffic-psychological insights relevant to accident causation, and the concept of conditional intent in relation to extremely dangerous traffic behavior. (Series: Governance & Recht - Vol. 11) [Subject: Criminal Law, Traffic Law, Comparative Law]

This volume examines general driving offences, concentrating on those which punish risk-taking whilst driving, with the primary goal of increasing road safety. The focus is particularly on careless driving, dangerous driving, drink-driving and speeding, with a comparative approach incorporated into the discussion. Drawing on legal and psychological research, the book explains the legal definition of offences, discussing the policy behind the offences and examines how the law is applied in practice. It concludes with consideration of how the law in this area might be reformed - informed by the preceding discussion. This title will be a valuable resource tool for students, academics and practitioners working in the area of road safety.

"Drug and alcohol use while driving is one of the most common serious criminal charges in Canada. Our second edition covers all updates to the case law since the new legislation was passed and adds two new chapters focused on Charter issues. Exploring actual and potential arguments on both sides, these new chapters will focus on the sections of the Charter that are most often used to challenge provisions of the new legislation (10(b) and 24(2))."--

Examines the principles of law governing offences and negligence by motorists on the roads in Australia.

The crime of manslaughter exists as a 'catch-all offence' to punish those who are blameworthy in causing the death of another but whose culpability falls short of that required for murder. Manslaughter is an extremely broad offence and it has a difficult task in ensuring that all those who warrant punishment for 'non-aggressive' deaths are convicted. Simultaneously, it should not be too broad in covering those who do not warrant punishment for such deaths. There is little consistency in whether a particular dangerous activity leads to liability for a specific offence or for the generic offence of manslaughter when death is caused. This book examines the current law and includes a variety of perspectives on the subject with chapters on specific modes of killing as well as issues that permeate all areas. The first half of the book deals with issues such as how any special offences for non-aggressive death should relate to a hierarchy of homicide offences. The second half deals with issues specific to different activities, which may or may not justify the creation of specific homicide offences. The book includes a comparative chapter on Australian law.

Road Traffic Offences are by far the most prosecuted type of criminal offence in the Courts of Ireland. Woods on Road Traffic Offences provides a single of point of reference for road traffic law, covering the investigation, prosecution and the hearing of offence cases. The book covers a wide range of topics including detecting traffic violations, careless driving, parking and obstruction offences, and lighting of vehicles. These are set out in a straightforward and helpful manner. The statutory provision is set out along with the potential penalties and possible defences. This new edition has been extensively revised and rewritten. In particular this new edition has been updated to include: - The enactment of Road Traffic act 2010 which substantially overhauls the landscape on driving offences. - New EU rules for maximum daily and fortnightly driving times, as well as daily and weekly minimum rest periods for all drivers of road haulage and passenger transport vehicles. - Legislative changes in the area of Public Service Vehicles - Considerable amendments to the Finance Acts as they relate to Road Traffic Offences The relevant cases, legislation and Acts covered include: - European Union (Road Transport) (Working Conditions and Road Safety) Regulations 2017 - Road Traffic Act 2014 - Taxi Regulation Act 2013 - Road Traffic Act 2010 - Public Transport Regulation Act 2009 - Roads Act 2007 - Waste Management (Amendment) Act 2001 Oisín Clarke BL is a practising barrister specialising in criminal law and road traffic offences. Oisín has considerable experience in defending intoxicated driving offences and a large part of his practice comprises the defence of criminal cases at both trial and appellate level. He also specialises in judicial review in which he appears for both State parties and private citizens. Oisín has also written and lectured extensively on road traffic legislation and offences. Matthew Kenny is the co-founder of O'Sullivan Kenny Solicitors, a Road Traffic Specialist Solicitors Practice in Dublin. He has worked extensively in the trial department, and so he has wide experience of all aspects of criminal defence matters. He has a particular interest in Road Traffic cases, and wrote a CPD guide to Road Traffic Law for a major on-line education provider. Mark O'Sullivan is a partner with O'Sullivan Kenny Solicitors, a firm specialising in criminal defence, road traffic law and related areas. Mark has represented clients in the District Court; The Circuit Court; The Central Criminal Court; The Court of Criminal Appeal and the Supreme Court. He appears daily in the District Court where he represents clients charged with all criminal and road traffic offences. Mark is a volunteer with the Free Legal Advice Centre (FLAC) with whom he has been working with since 2014.