Taxi Driver Online

If you read TDO on a regular basis you will know that not so long ago a taxi driver was found guilty by a licensing committee of the offence of furious driving.

Here is the law relating to causing bodily harm by furious driving. If my memory serves me well the cab driver had his license suspended or revoked?
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Wanton or Furious Driving

Offences Against the Person Act 1861, s. 35

Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of an offence.

This offence is triable only on indictment.

Indictment

Statement of Offence

Causing bodily harm, contrary to section 35 of the Offences Against the Person Act 1861.

Particulars of Offence

D, on the ._ ._ . day of ._._., having the charge of a taxi cab [or carriage etc.], by wanton [or furious] driving [or racing etc.] caused bodily harm to V.

Elements

The RTA 1988, s. 38, is applicable if the offence is committed on a 'road'. See C1.13 and C2.4.

The offence can be committed whether or not the conduct takes place on a road (Cooke [1971] Crim LR 44; Knight [2004] EWCA Crim 2998). It also covers any kind of vehicle or carriage, including bicycles (Parker (1895) 59 JP 793).

The definition of 'driving' in this context is generally thought to be the older definition, which would include bicycles and even box carts, although such 'vehicles' or 'carriages' would often be propelled manually or by means of pedals and could rarely be said to be 'driven' in the modern sense of that term. 'Wanton' has no technical meaning, and may be construed in the light of its ordinary dictionary definition of irresponsible, capricious, unrestrained or random. In Knight, the Court of Appeal accepted as correct the trial judge's direction on the meaning of 'wanton' as effectively recklessness, involving the defendant in 'driving in such a manner as to create an obvious and serious risk of causing physical harm to some other person who might happen to be using the road, or doing substantial damage to property' and 'that in driving in that manner [the defendant] did so without having given any thought to the possibility of there being any such risk, or having recognised that there was some risk involved, had nonetheless gone on to take it'.

Alternative Verdicts

Assault occasioning actual bodily harm, contrary to the OAPA 1861, s. 47. Common assault, contrary to the CJA 1988, s. 39, but only if specifically included as a separate count on the indictment (Mearns [1991] QB 82).

Punishment

The offence carries two years' imprisonment and/or a fine. The offence is not endorsable but disqualification may be ordered under the PCC(S)A 2000, s. 147 (see C8.6, and for the detail see E23.5), if an assault is involved and the accused was driving a motor vehicle. Forfeiture of the vehicle used for the purposes of the crime may be ordered (see C7.22 and E20.1).
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