[2012] EWCA Crim 842

There was undoubtedly an overlap between the offences of causing death by dangerous driving and causing death by careless driving. However, there was no basis for finding that a conviction of the former offence was unsafe where an accused had consciously and unequivocally pleaded guilty to it instead of taking a chance that a jury might make a finding of careless driving. In determining the appropriate penalty, the important thing was to consider the actual fault exhibited rather than the legal label attached to it.

CA (Crim Div) (Hughes LJ, Treacy J, Globe J)

04/04/2012