Policy for prosecuting cases of bad driving - Crown Prosecution ...

Policy for Prosecuting Cases of Bad Driving5.5 In very general terms, unlawful act manslaughter can applywhere a vehicle is deliberately used as a weapon of assault.Gross negligence manslaughter can be applicable to asituation where there is no intent to use the vehicle as aweapon of assault, but the standard of driving falls so farbelow the required standard that there is a serious andobvious risk of death and the conduct of the defendant, inall the circumstances, is ‘so reprehensible as to amount togross negligence’ 14 .Unlawful act manslaughter5.6 It must be proved that:• the defendant’s act caused the death of the victim;• the defendant’s act constituted a criminal offence initself;• the defendant had the mens rea appropriate to theunlawful act which caused the victim’s death; and• the defendant’s unlawful act is objectively recognised ashaving put the victim at risk of some physical harm,albeit not necessarily serious harm.5.7 Unlawful act manslaughter will be considered the mostappropriate charge when there is evidence to prove that avehicle was used as an instrument of attack (but where thenecessary intent for murder was absent), or to cause fright,and death resulted.14R v Misra & Srivastava [2005] 1 Cr. App. R. 21 para 48.16