By Dr Kim-Kyte Thomas
As we continue to experience an alarming number of road accidents, it is important that we examine some of the more serious offences under the Motor Vehicles and Traffic Act Chapter 51:02 (‘the Act’) to ensure that we use the roads responsibly ever mindful of our safety and the safety of other road users.
The frequent occurrences of accidents lately indicate that the opposite is true. Motorists, as well as pedestrians, are not exercising enough care and consideration – often to the detriment of property and life. It is time for all road users to take personal accountability and educate themselves on what is required of them as road users and the consequences of failure to adhere to road safety laws.
Section 36 (1) of the Motor Vehicles and Traffic Act Chapter 51:02 (‘the Act’) creates the offence of reckless or dangerous driving. For a person to commit the said offence they must have driven a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, and regard must be had to all the circumstances of the case, including the nature, condition, and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road.
To establish this offence, the Prosecution must prove that at the time of the incident, the defendant drove his vehicle in a manner that was dangerous to the Public.
Dangerous Driving is defined as driving that falls far below what would be expected of a competent and careful driver, and it would be obvious to a competent and careful driver that driving in that way would be dangerous.
In R v Evans [1962] 3 All ER 1086, it was stated if a man adopts a manner of driving that the jury thinks was dangerous to the other road users in all the circumstances, then on the issue of guilt, it matters not whether he was deliberately reckless, careless, momentarily inattentive or even doing his incompetent best.
It is important to note that the mere collision is not sufficient. There must be proof that it occurred as a result of fault on the part of the defendant.
There are many actions that may constitute this offence. They may include but are certainly not limited to racing or speeding on the roadways; jumping red lights or ignoring traffic lights and road signs; overtaking dangerously; driving distractedly, including texting or using a cellular phone while driving; driving while injured or unfit; and driving while the motor vehicle is faulty and unsafe to drive.
Where a person has committed such offence, he or she may be liable on summary conviction to a fine of not less than twenty-five thousand dollars nor more than fifty thousand dollars or to imprisonment for twelve months. If, however, it is that person’s second or third conviction, he or she may be liable to a fine of not less than thirty-five thousand dollars nor more than seventy thousand dollars and to imprisonment for one year. Further, if the conviction is on indictment, that person shall be liable to a fine of not less than fifty thousand dollars or more than one hundred thousand dollars and to imprisonment for four years.
The offence of reckless or dangerous driving is, therefore, a hybrid offence. It therefore means that based on the facts of the case and the seriousness of the matter, it may be tried either summarily or on indictment. Petty or non-serious crimes are generally tried summarily since summary offences invite a lesser punishment, usually just a fine. An indictable offence, however, refers to a more serious offence that attracts a stricter punishment, whether it is a higher fine or a longer term of imprisonment. Therefore, upon examining all of the circumstances of the case, that is, the specific details relating to before, during, and after the offence took place, the State would decide whether the defendant shall be charged summarily or on indictment.
Importantly, section 36 (2) and (3) further state that when it is the defendant’s first conviction, the particulars of the said conviction shall be endorsed on his or her licence and, if the Court sees it fit, may order that he or she lose their licence. However, where that person is found guilty of the same offence a second or third time, then the Court shall order that the person lose their licence.
Apart from the offence of reckless or dangerous driving, a further offence was created by section 35 (1) of the Act. In fact, it states that:-
Any person who causes the death of another person by the driving of a motor vehicle on the road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, shall be guilty of a misdemeanour and on conviction thereof on indictment shall be liable to imprisonment for ten years.
Section 35 (1) of the Act states that where a person has driven a motor vehicle on the road in such a manner that is dangerous to the public and as a result of his or her dangerous driving has caused the death of another, he has committed the offence of causing death by reckless or dangerous driving. As the section states, the person who commits this offence shall be charged indictably and, if found to be guilty, shall be entitled to a term of imprisonment for ten (10) years.
It is important to note that for this section to apply, the person must have died, and it must be established that it was the dangerous or reckless driving of the defendant that caused the death of the said person. As such, it must be proven that there is a causal link between the defendant’s dangerous driving and the death. Where the person does not die, this section will not apply.
Where the person dies but at the trial, evidence is produced which proves that the person’s death was not as a result of the defendant’s driving, then the defendant shall be acquitted of the offence pursuant to section 35 (1).
It is, therefore, critical that drivers use the road safely and avoid being charged and convicted of these serious offences, which can lead to imprisonment and the revocation of their driver’s license. The Five Cs of Driving, care, caution, consideration, common sense & courtesy are still applicable and can save you from being a “guest of the state”.
