Pursuant to section 42 of the ordinance appellant

Info icon This preview shows pages 290–292. Sign up to view the full content.

Pursuant to section 4(2) of the Ordinance, appellant would not have lost his li- cence had been able to show “special reasons” for his illegal action. In his peti- tion to the court, appellant stated as reasons the fact that his job requires him to drive extensively Held: Special reasons must be reasons special to the circumstances of the case and not to the accused himself. In the present case the appellant has no explanation to offer showing the necessity for his driving the uninsured car at the relevant time. The fact that his job requires him to drive a car is not a “special reason” as it does not relate to the offence but to himself. 260. R.v. Saidi Husseni , Crim. Rev. 75-D-67, 26/6/67, Hamlyn, J. Accused was convicted of driving a motor vehicle with assorted defects. Among these was one count for having a defective hand-brake, and another count for having a defective footbrake. Held: The Traffic Ordinance, Cap. 168, provides only for the offence of us- ing a motor vehicle on the road with a defective brake. Since there is no provision for further punishment when both handbrake and footbrake are defective, the conviction on both counts stand, the latter one being quashed. 261. R.v. Magagania s/o Tunda , Crim. Rev. 17-A-67; 15/6/67; Platt, J. (1967) H.C.D. - 74 – Accused was convicted of arson, for which he was sentenced to 15 months im- prisonment. In addition, he was ordered “…..to pay compensation of Shs. 356/- to (complainant) or 4 months imprisonment in default of sufficient distress.” Held: The order for 4 months imprisonment in default of sufficient distress was quashed. If an attempt at distress is made (see Crim. Proc. Code ss. 176, 177, 296, 299, 300) and it fails, a person may be committed to prison in lieu of
Image of page 290

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

distress In the procedure adopted here by the trial court, however, there is al- ways a danger that if such them of imprisonment in default of distress is entered on the original commitment warrant, it may result in an additional term of impri- sonment being automatically carried on to the accused ’s sentence without any attempt at distress being made. Citing Crim. Rev. 26-D-63, per Biron, J. 262. Mussa s/o Hassan v. R., Crim. App. 402-M-67; 19/7/67; Cross, J. Accused was convicted of indecent assault and burglary, both offences being part of one transaction. The trial magistrate gave consecutive sentence, citing R. v. Kasongo s/o Luhogwa T.L.R. 47, which judgment contained the following statement: “Offences committed in the same transaction should carry concurrent sentences and before any departure is made from this principle the trial magi- strate must be satisfied that there are very exceptional circumstances.” The court then posited, as an example of exceptional circumstances, a situation where a person breaks and enters into a house and commits the felony of rape therein.
Image of page 291
Image of page 292
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • Dean Majamba

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern