|Appears in Collections:||Law and Philosophy Book Chapters and Sections|
|Title:||Whose Luck is it Anyway?|
|Authors:||Duff, R A|
|Editors:||Clarkson, C M V (Christopher M V)|
Cunningham, Sally Rachel
|Citation:||Duff RA (2008) Whose Luck is it Anyway?. In: Clarkson C M V (Christopher M V), Cunningham Sally Rachel (ed.). Criminal Liability for Non-Aggressive Death, Aldershot: Ashgate, pp. 61-78.|
|Abstract:||First paragraph: Dangerous driving attracts a maximum penalty of a heavy fine, or in the most serious cases up to six months’ imprisonment; but if it causes death, the maximum penalty is fourteen years’ imprisonment. Careless driving attracts a maximum penalty of a level 4 fine; driving whilst under the influence of drink or drugs attracts a maximum penalty of a level 5 fine and/or up to six months’ imprisonment: but if someone causes death by careless driving when under the influence of drink or drugs, the maximum penalty is again fourteen years’ imprisonment, and for causing death by careless driving it is five years’ imprisonment. Driving when unlicensed, uninsured or disqualified attracts maximum penalties of, respectively, a level 3 fine, a level 5 fine, and a level 5 fine and/ or six months’ imprisonment; but an unlicensed, uninsured or disqualified driver who causes death faces a maximum penalty of two years’ imprisonment.2 The difference between causing and not causing death in such cases might be purely a matter of luck; we therefore face the familiar question of whether and how it can be consistent with the demands of penal justice to allow ‘outcome luck’ to make such a dramatic difference to an offender’s criminal liability.|
|Rights:||Published by Ashgate. Permission for use in repository granted by publisher. Details of the definitive version are available at: http://www.ashgate.com/isbn/9780754673347|
|Type:||Part of book or chapter of book|
|Duff, Whose Luck is it Anyway.pdf||105.81 kB||Adobe PDF||View/Open|
This item is protected by original copyright
Items in the Repository are protected by copyright, with all rights reserved, unless otherwise indicated.
If you believe that any material held in STORRE infringes copyright, please contact firstname.lastname@example.org providing details and we will remove the Work from public display in STORRE and investigate your claim.