Road traffic
Aggravated vehicle taking — death caused
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 14 years’ custody
Actus reus
- Basic TWOC (s.12(1)) plus, after the taking and before recovery, owing to the driving of the vehicle an accident occurred by which injury was caused to a person, and that accident caused death (Theft Act 1968, s.12A(2)(b) read with the death maximum in s.12A(4)).
Mens rea
- Mens rea for the basic taking. The death limb does not require an intent to kill or to cause GBH.
Defences
No basic TWOC · s.12A(3) defence (before the taking, or not in/on/near the vehicle) · Driving did not cause the death · Deny presence
Sentencing Council
Sentencing Council guideline effective 01 April 2025. Offence range: 1 – 12 years’ custody.
At the police station
This is not causing death by dangerous driving (RTA s.1). Identify the s.12A limb and who was driving.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Theft Act 1968, s.12A ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗
- CPS:CPS — Theft Act offences ↗