R. v. Mbilinyi Crim. Rev. 68-D-71; Saidi C. J.

R. v. Mbilinyi Crim. Rev. 68-D-71; Saidi C. J.

The accused was convicted for driving an uninsured motor vehicle c/s 4(1) of the Motor Vehicle Insurance Ordinance, Cap. 169. The District Magistrate refused to make an order of disqualification against him because he found that the accused was driver of the owners of the car and believed that the motor vehicle was insured at the material time.

Held: (1) “That [the accused] believed that the motor vehicle was insured at the material time it seems to me that the learned Resident Magistrate properly exercised his discretion in not disqualifying him.” His lordship relied on R. v. Mtumwa s/o Ahmed, 1 T. L. R. 99 agreeing with Mahon J’s analysis of the judgment of Singleton J. in Blows v. Chapman [1947] 2 All E. R. 576. (2) Confirmation of the decision that an order for disqualification will not be made.