Which statute is cited for the offence of causing death by dangerous driving?

• A. S1 RTA 1988
• B. S35 Offences Against the Persons Act 1861
• C. S2C RTA 1988
• D. S3A RTC 1988

Answer: (B)

The key idea here is identifying the statutory basis for the offense when a death results from driving that is judged to be dangerous. In this area, the issue is framed as causing the death of another person through dangerous driving, which is treated under the Offences Against the Person Act 1861 rather than as a pure road traffic act violation. Section 35 of the OAPA 1861 provides the liability for causing death by dangerous driving, so the charge sits under that statute. The driving conduct is the actus reus, and the dangerous nature of the driving (often coupled with recklessness or gross negligence) supplies the mens rea. The Road Traffic Act sections surrounding dangerous driving deal with the driving offence itself, but the specific offence of causing death by dangerous driving is cited under the OAPA 1861, section 35.