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Title: Punishing drivers who kill: putting road safety first?
Authors: Cunningham, Sally
First Published: 22-Mar-2007
Publisher: Blackwell Publishing
Citation: Legal Studies, 2007, 27 (2), pp. 288-311
Abstract: This article seeks to argue that the new offence of causing death by careless driving is undesirable and ought not to have been created. From a legal perspective, the offence goes against some fundamental principles of criminal law and, from a practical view, it will fail to rectify previous problems with the pre-existing offences available as criminal charges in cases of road death. Furthermore, it will not satisfy the public’s appetite for a more punitive approach to drivers who kill. It will be argued that the law in this area should not be driven by this latter consideration but that it should be used primarily as a method of increasing road safety. A radical alternative offence structure of general driving offences is proposed with this as its objective.
DOI Link: 10.1111/j.1748-121X.2007.00047.x
ISSN: 0261-3875
eISSN: 1748-121X
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: © 2007 The Author. Journal Compilation © 2007 The Society of Legal Scholars. Published by Blackwell Publishing, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA. Deposited with reference to the Journal Exclusive Licence Form, which permits posting of the accepted version as originally submitted for publication 12 months after publication. The definitive version is available at
Appears in Collections:Published Articles, School of Law

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