R. v. Ally Mohamed: Crim. Rev. 196-D-71; 13/11/71; Mwakasendo Ag. J.

 R. v. Ally Mohamed: Crim. Rev. 196-D-71; 13/11/71; Mwakasendo Ag. J.

The accused was charged on two counts of (a) driving a motor vehicle with defective handbrake and (b) driving a motor vehicle with defective foot brake c/ss 43 (a) and 70 of the Traffic Ordinance.

Held: “The attention of the magistrate is drawn to the provisions of sections 43(a) and 70 of the Traffic Ordinance which create only one offence of “driving a motor vehicle with defective braking system.” That is what the accused in this case should have been charged with. It does not matter at all whether the defect relates to either the land brake or foot brake or both.”