Athumani v. R., Crim. App. 8-Tanga-70; 3/2/71; Kwikima Ag. J.

Athumani v. R., Crim. App. 8-Tanga-70; 3/2/71; Kwikima Ag. J.

The appellant was convicted on three counts of using an unlicenced motor vehicle, using an uninsured motor vehicle and driving a motor vehicle with a defective tyre on the public road. He was convicted on his own plea of guilty and fined. In addition, he was disqualified from obtaining or holding a driving licence for two years with respect to the second count of using an uninsured motor vehicle on the public road.

            Held: (1) [After quoting the provisions of Section4(2) of the Motor Vehicle Insurance Ordinance], “This provision leaves room for the court to exceed the maximum dis- qualification period fixed under the same section, should the court, with regard to the circumstances of the occasion, consider it fit and proper to do so. It does not; as the learned State Attorney seemed to believe disentitle the court from disqualifying for a period longer those twelve months.” (2) “The record shows that the appellant did advance reasons [why he should not be disqualified] to the effect that he was merely employed by the motor vehicle owners. It is a circumstance special to the offence if an employee drives his employer’s uninsured motor vehicle, as was held in R. v. John Mhanze (1969) H. C. D. 62. This case is on all fours with the present one. The disqualification order therefore cannot stand.” Order of disqualification rescinded.