R. v. Mwombeki Crim. Rev. 213-D-71; 1/12/71; Biron, J.

 

R. v. Mwombeki Crim. Rev. 213-D-71; 1/12/71; Biron, J.

The accused, a District Development Officer, was convicted of driving a motor vehicle belonging to the District Council, without being in possession of a valid driving licence. In the course of driving, the accused drove into a wall and damages the vehicle. The cost of repairing it was Shs. 1,072/30. The trial magistrate made an order that the accused was to pay Shs. 1,072/30 as compensation to the Government for damaging the vehicle, apparently under Section176 (1) of the Criminal Procedure Code. The issue that had to be resolved was whether the compensation order was valid or not.

            Held: (1)”The section …. Empowers a court to order compensation to any one who and I quote: has suffered materials loss or personal injury in consequence of the offence committed ….’ The offence committed by the accused was driving without being in possession of a valid driving licence, but the loss occasioned by the damage to the vehicle was not a consequence of the offence. Had the accused been convicted of dangerous or careless driving, the compensation order would have been in order. But under the conviction as it stands, the compensation order was ultra vires.” (2) “If the authorities feel that the accused should be held liable for the damage he caused to the vehicle, there is special provision to recover from him compensation for the damage, laid down in the Specified Officers (Recovery of Debts) Act 1970 which could be invoked.” (3) Order of compensation set aside.