Ed Butler, instructed by Paul Turnbull of MMA Solicitors, secures acquittals for their client charged with causing death by dangerous driving.
Ed’s client was charged with two counts of causing death by dangerous driving, arising out of a tragic collision on the M40. The incident itself was a complex sequence of events, involving three separate collisions and four vehicles.
Pre-trial Ed worked closely with the instructed solicitors and expert to raise significant doubts about the reliability of the physical evidence that was said to prove that the defendant’s driving was dangerous. On day 3 of the trial, following this targeted approach by the defence team, it was revealed that the physical evidence had not, in fact, been found at the time of the collision, but ten days after the collision had occurred. That led to the prosecution reviewing the case and abandoning the counts of causing death by dangerous driving, but proceeding on two alternative counts of causing death by careless driving.
Through careful research of a complex area of law and application to the evidence in the case, Ed was able to effectively challenge the causation element of the offences, and specifically relied on the concept of novus actus interveniens as breaking the chain of causation.
Ed’s client was acquitted of the two counts of causing death by careless driving and instead was convicted of simple careless driving. This resulted in a financial penalty and an endorsement of 6 penalty points.
Ed Butler ➡️ https://lnkd.in/emXSydf9
To instruct Ed, or discuss his practice, please get in touch with Glenn.Matthews@15nbs.com or David.Cox@15nbs.com
