R. ⅴ THOMAS (DEAN)

摘要

Defendant colliding with cyclist on roundabout while over prescribed drug limit- Whether driving/ailing below standard expected of competent and careful driver- Whether defendant requiring intermediary throughout trial because of weak cognitive functioning exacerbated by medication and depression-Correct approach to appointment of intermediary-Road Traffic Act 1988 s.3A(1)(ba)-Criminal Practice Directions 2015, paras 3F.12, 3F.13. Section 3A(l)(ba) of the Road Traffic Act 1988 [as inserted by s.3 of the Road Traffic Act 1991 and para.2(2) of Sch.22 to the Crime and Courts Act 2013] provides: "If a person causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and-... (ba) he has in his body a specified controlled drug and the proportion of it in his blood or urine at that time exceeds the specified limit for that drug ... he is guilty of an offence."