Eli Sambila v. R., Crim. App. 745-D-68, 14/2/69, Georges C.J.

 

 Eli Sambila v. R., Crim. App. 745-D-68, 14/2/69, Georges C.J.

The appellant was charged with driving a motor vehicle while under the influence of drink, c/s 49(1) and section 70, Traffic Ordinance,. He pleaded guilty and was fined Shs. 60/- or one month’s imprisonment. His driving licence was also suspended for twelve months. He was asked in the court below whether he had any special circumstances to advance way his licence should not be suspended. His reply was that he had nothing to say. He now appeals and stated that there were indeed special circumstances.

Held: The appellant stated “that after work that day he had gone for a drink at the pombe shop. After he had had a few drinks, he was summoned by his superior officer and ordered to drive to Mbeya. It was then about 5.00 p.m. He had had some drinks, but he felt that he was able to go, and he feared that if he refused to obey the order, he would have lost his job, as his superior officer was clearly aware when he issued the order that the appellant had been drinking. In the circumstances of this case, this does not appear to be an unreasonable fear …. These are rather unusual facts, which I think can be called special circumstances relating to the offence rather than the offender. Appeal allowed and order suspending licence revoked.