Wednesday, November 28, 2012

R. v. SHABANI HAMISI (1967) HCD 135


Crim. Rev. 113-M-66; 21/4/66;
 Platt, J.
Accused was convicted on his own plea of two traffic offences, including allowing his tractor to be driven on the road without there being an insurance policy in force. (Cap. 169, s. 4(1).) For this offence, he was fined Shs. 100/- or three weeks’ imprisonment.

            Held: That the accused was not himself driving the tractor when it was stopped does not affect his responsibility for the failure to have it insured, since he had given permission for the driver to take it on the road. Therefore, there was no reason “special to the offence” for the
 magistrate’s failure to disqualify the accused from holding or obtaining a driving licence. Order of disqualification for twelve months from the time of the offence was entered.

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