R v MB – DEATH BY CARELESS DRIVING

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Litigator: Jonathan Mellody

Advocate: James Hasslacher

The defendant was charged with death by careless driving. The prosecution case was that the defendant’s car had stopped and his young daughter had opened the back door which hit a moped driver and caused him to collide with another car which led to his death. The prosecution stated this was careless as he had directed his daughter to open the door, failed to put on hazard lights and should have stopped in a different area.

The defence made representations to the Crown and even an application to dismiss on the basis that the defendant had clearly stopped at traffic lights and exercised all reasonable caution however this was refused.

Following a four-day trial at Woolwich Crown Court the defence were able to successfully show that the defendant had acted with all due care and attention. He was subsequently acquitted of all charges.

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