Clause 20 - Causing death by careless, or inconsiderate, driving
Road Safety Bill [Lords]
10:30 am
Sally Keeble (Northampton North, Labour)
Let me continue. The hon. Gentleman will see why I have used that example.
When the young man died, the bouncer went to the police station in floods of tears and pleaded self-defence, at which point the burden of proof shifted and no charges were brought. The Crown Prosecution Service, which explained the matter at some length to me and the family concerned, said that because the young man had died, manslaughter was the only charge that could be brought. There was no possibility of a lesser offence—assault, grievous bodily harm, actual bodily harm, or whatever it could be—because the young man had died, the bouncer had pleaded self-defence and the burden of proof had shifted.
The charges were entirely dictated by the consequences and the bouncer did not even face court, to the great grief of the family, as hon. Members can understand. Clearly, there was an intention to hit the young man, as the hon. Gentleman rightly said, and he was knocked over, but although a man died the bouncer walked away scot-free. It is not true to say that the offence is judged only by what the person does or intends to do; it is also determined by the consequences of what happens, even if, in some instances—as in this case—they were not intended.