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.
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.