R. v. Abedi Crim. Rev. 70-M-70; 10/5/71; Mnzavas Ag. J.

  R. v. Abedi Crim. Rev. 70-M-70; 10/5/71; Mnzavas Ag. J.

The appellant was on his own plea of guilty convicted of two offences of: (a) carrying goods for hire or reward without public carrier’s licence c/ss 10(11) and 26 of the Transport Licensing Ord. Cap. 373 and (b) carrying passengers for reward without public carrier’s licence c/ss 27(5) and 70 of the Traffic Ordinance Cap. 168 of the Laws. The accused had two previous convictions for carrying passengers for hire or reward without public carrier licence. The magistrate did not order cancellation of a licence. On revision, notice was issued to the accused to show because why his licence should not be cancelled. He argued that the court’s power to cancel a registration and licence under section 27A(2) of Cap. 168 was discretionary and that this discretion should be judicially exercised, and the although he admitted two previous convictions, the record did not show what type of offences they were.

            Held: (1) [Citing section 27A (2) of Cap. 168] “My interpretation of the above construction is that the court’s power to order cancellation of the registration and licence of a motor vehicle used for the purpose of standing or plying for hire or for the carriage of persons for hire or reward is discretionary only when the accused is a first offender. Where an accused is not a first offender, that is, he has a previous conviction or convictions under the same section i. e. section 27A(1) of the Traffic Ordinance; the court’s discretionary powers in so far as the cancellation of the registration and licence of the motor vehicle involved in the commission of the offence are removed. The Legislature having said ……… “and where such conviction is for a second or subsequent offence the court shall, in addition to my other penalty which it may impose …….. Order cancellation of registration and licence of the vehicle.” (2) “The record showed clearly that the accused had two previous convictions under section 27A (1) of Cap. 168 which he admitted. “Over and above the mandatory provisions of section 27A (2), the record shows that the accused is an incorrigible offender. Three times in 1970 he permitted his vehicle to be used for the purpose of carrying of persons for hire or rearward. Twice he was convicted, twice he was fined, but this did not deter him from committing the same offence. The accused deserves no mercy.” (3) Registration and licence of accused Mortor vehicle MZE 608 cancelled for a period of 12 months.