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
Issue
Could Hughes be said to have caused the death of the victim?
Decision
No
Reasoning
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
