People (A.G.) v McGrath

• Jurisdiction: Ireland
• Judgment Date: 01 January 1965
• Date: 01 January 1965
• Court: Circuit Court

(Cir. Ct.)

People (A.G.)

and

McGrath

Crossroads collision - Both drivers guilty of negligence - Dangerous driving of accused not sole cause of death - Direction - Road Traffic Act,1961, s. 53 (1), (2) (a).

The accused was indicted under s. 53 (2) (a) of the Road Traffic Act, 1961. The evidence before the Court was that the accused was driving a motor car when at a cross roads his car collided with a motor car driven by a third party and, as a result of the collision, the third party's wife, who was a passenger in his car, was killed. There was evidence from which it could be deduced that both the accused and the third party were guilty of negligence. An application was made on behalf of the accused that the case should be withdrawn from the jury. Held, that the words "causes death or serious bodily harm"mean that the dangerous driving of the accused must be the sole cause of death or serious bodily...