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landmarks in the common law

R v Hughes (2009)

Ian Yule examines an interesting topical case on strict liability

Deyan Georgiev/Fotolia

This case concerns the scope of the new offence created by section 3ZB of the Road Traffic Act 1988. This new section was added by section 21(1) of the Road Safety Act 2006. It provides the following:

A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under (a) Section 87(1) of this Act (driving otherwise than in accordance with a licence); (b) Section 103(1)(b) of this Act (driving while disqualified), or (c) Section 143 of this Act (using a motor vehicle while uninsured or unsecured against third party risks).

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Strict liability in criminal law

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Exemption clauses in contract

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