- The Road Traffic Act 1988, section 3ZB makes it an offence of strict liability to cause death while in control of car without a valid driving licence or uninsured
- Hughes was driving faultlessly, but was doing so deliberately without insurance
- The victim, a driver whose ability to drive safely was severely impaired through his self-administration of drugs, collided with Hughes
- Hughes could have done nothing to prevent the resulting death of the victim
- Could Hughes be said to have caused the death of the victim?
- Although the offence appears only to require a defendant to be on the road in an uninsured vehicle where as a result of that presence, death is caused, the state says that death must be caused
- To cause death requires more than a state of affairs, therefore to be convicted under section 3ZB, Hughes’ driving must have been at fault in some way; it was not
- Hughes was, however, guilty of driving without insurance, although no charge was bought