New charge for drivers who cause death by careless driving

Thursday 20 March 2014

A new offence for causing death or injury by careless driving is likely to be brought forward following on from a fatal crash on St Clement’s coast road three years ago.

Transport Minister Kevin Lewis has confirmed that he has asked his department to start drawing up a law to mirror the UK offences to fill a gap in Jersey’s legislation. Attorney General Tim Le Cocq QC has backed the need for a new law, and district representative Deputy Gerard Baudains has been pushing for the legislation to be brought forward.

The need for the law was highlighted by the case that followed the tragic death of 27-year-old Dita Paverniece, who was killed in a late night crash on the coast road in February 2011. She was a passenger in a Lotus driven by Niall Linden, which crashed and spun out of control. Miss Paverniece was thrown out of the car and suffered massive head injuries, and died the following day at the General Hospital.

Mr Linden was eventually prosecuted on one count of careless driving, to which he pleaded guilty and was fined £750 and banned from driving for a year. His lawyer had successfully challenged the admissibility of a statement he made to police after the accident that he had been driving fast, and a charge of causing death by dangerous driving was dropped by prosecutors, and the careless driving charge was substituted.

Answering questions from Deputy Baudains in the States on Tuesday, Deputy Lewis said: “Officers from my department have reviewed legislation in England and Wales where an offence has recently been introduced of causing serious injury by dangerous driving.

“Following that review, advice was sought from the Attorney General as to the appropriateness of introducing new offences of causing death or serious injury by careless driving and also an offence of causing serious injury by dangerous driving (an offence already exists of causing death by dangerous driving).

“My department has last week received confirmation from the Attorney General that it would be appropriate to move forward with draft legislation and I have therefore requested my officers to provide law drafting instructions as soon as possible.”