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Causing injury by wanton or furious driving

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Causing injury by wanton or furious driving

Offences Against the Person Act 1861, s.35

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Indictable only
Maximum penalty
2 years’ custody

Actus reus

  • Having the charge of any carriage or vehicle, by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person (Offences Against the Person Act 1861, s.35).

Mens rea

  • Wanton or furious driving, racing, wilful misconduct, or wilful neglect — not mere inadvertence. The section is a misdemeanour requiring that quality of driving or neglect.

Defences

Not in charge of the vehicle · Driving was not wanton, furious, wilful misconduct or wilful neglect · No bodily harm caused by that driving

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Fine – 2 years’ custody.

View definitive guideline ↗

At the police station

Still used for e-scooters, horses and vehicles where RTA “mechanically propelled” / “road” may not fit. Confirm why s.35 rather than careless or dangerous driving is charged.

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.

More in Road traffic

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.