R. v. Ally Crim. App. 367-A-1971; 5/5/72 Bramble, J.

 

R. v. Ally Crim. App. 367-A-1971; 5/5/72 Bramble, J.

The respondent was found guilty of the offence of causing death by dangerous driving c/s 44A (1) (a) and 70 of the Traffic Ordinance and the only penalty imposed was disqualification from holding or obtaining a driving permit for 12 months. The Republic appealed against sentence.

            Held: (1)”The Ordinance provides for a maximum sentence of ten years imprisonment for offences of the kind. These courts have for a long time maintained that the general provisions of the Penal code and the Criminal Procedure Code apply to all criminal offences. Under sec. 27 of the Penal Code the court has power to impose a fine instead of imprisonment where the particular law says imprisonment only. There may be circumstances in the commission of an offence which could induce the court not to impose a penalty at all. I cannot see what these could be in cases of dangerous driving more so where death is caused by it. If the facts are such that no penalty should be imposed, it must be that there was no dangerous driving”. (2) “In any case disqualification is a corollary to any sentence and is not in itself a substantive sentence. The learned trial magistrate did not, in fact, pass sentence”. (3) Appeal allowed and case remitted for trial magistrate to pass sentence according to law.