|
Causing bodily harm by wanton or furious driving is a statutory offence in England and Wales and Northern Ireland. It has been abolished in the Republic of Ireland. ==Statute== This offence is created by (section 35 ) of the Offences against the Person Act 1861 (drivers of carriages injuring persons by furious driving): This section is printed as amended by section 1(2) of the Criminal Justice Act 1948 and of the Criminal Justice Act (Northern Ireland) 1953. This section was repealed for the Republic of Ireland by (section 70(a) ) of the Road Traffic Act 2010. In the Republic of Ireland, a person liable to be charged an offence under section 53 of the Road Traffic Act, 1961 was not liable, by reference to the same occurrence, to be charged with an offence under this section.〔The Road Traffic Act, 1961, (section 53(5) )〕 "Misdemeanour" The reference to a misdemeanour must now be construed as a reference to an offence.〔The Criminal Law Act 1967, section 12(5)(a); the Criminal Law Act (Northern Ireland) 1967〕 "Bodily harm" See bodily harm In England and Wales, this offence is now used to prosecute: *drivers of horse-drawn carriages and vehicles *motorists who cannot be prosecuted for dangerous driving because they were driving elsewhere than on a road or public place, or because they were not warned that prosecution was intended pursuant to section 1 of the Road Traffic Offenders Act 1988 *cyclists who cannot be prosecuted for dangerous cycling because they were cycling elsewhere than on a road, or because they were not warned that prosecution was intended pursuant to section 1 of the Road Traffic Offenders Act 1988〔Archbold Criminal Pleading, Evidence and Practice, 1999, paragraph 19-248b at page 1626〕 It was used in 2009 to prosecute a death caused by a cyclist collision, which would have fallen outside of other laws. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Causing bodily harm by wanton or furious driving」の詳細全文を読む スポンサード リンク
|