Criminal liability in road traffic accidents

Abstract

Every road traffic accident brings with it a multitude of consequences; a criminal court case is one of these effects, which is opened whenever a criminal offence results from the accident itself. Such offences include involuntary homicide, damage to one’s property and drink and drug driving. This research project starts off by describing what happens in a Magisterial Inquiry, the inquiry relating to the in genere, which is the very first stage of a criminal case. This is followed by an analysis of the various offences that may arise in such cases. These offences can be classified under two heads; crimes against the person and those offences which are personal to the driver himself. The various pleas and defences that can mitigate punishments shall be discussed. The two main legislations dealing with road traffic offences are the Criminal Code and the Traffic Regulation Ordinance, chapter 9 and chapter 65 of the laws of Malta, respectively. This research project will analyse various landmark judgments to better understand the charges with which the accused is charged, the pleas the defence raises, aggravating and mitigating factors, together with the courts’ tendencies when delivering a judgment. Finally, a number of amendments to the current law will be proposed. Predominantly, this is being done because the only provision1 that deals with involuntary homicide in the code is too general for such offence discussed, and Magistrates and Judges are provided with no guidelines with regards to aggravations and mitigating factors when prescribing punishment.