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Angelo Munyagi v. R., Crim. App. 720-D-69, 5/12/69, Said J.



Angelo Munyagi v. R., Crim. App. 720-D-69, 5/12/69, Said J.

The appellant was convicted of (1) driving while impaired by drink c/s 49(1), Traffic Ordinance Cap. 168; and (2) driving a motor vehicle not in good mechanical repair c/r 49 and 60 Traffic Rules, Cap. 168. He was fined on both counts, but no order for disqualification from driving was made, on the grounds that there were “special reasons.” The reasons advanced for non-disqualification are that the appellant, being in charge of the E.A. P. & T for Mtwara and Ruvuma Regions, is

Often called out for emergencies and has to drive himself to wherever he may be required, so that disqualification would make his work difficult and put him as well as the public to inconvenience.

            Held: “In any case the reasons advanced cannot be held to be special reasons as they do not relate to the offence but to the appellant himself. Special reasons which would entitle an accused person to non-disqualification must be special to the occasion of the driving, such as where a person, though drunk and his efficiency impaired, has to drive in a case of extreme emergency, perhaps to save the life of a member of his family afflicted by sudden and serious illness or who has been injured unexpectedly, and the accused cannot secure the services of another driver for the purpose. The same would apply where such a driver, though drunk, has to drive out of danger say to escape from floods or fire or from wild animals and the like. But no such occasion arose in the appellant’s case, and he was therefore not entitled to non-disqualification.” Appeal dismissed and disqualification order for one year imposed.

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