R. v. Richard Petro, Crim. Rev. 20-M-71; 19/3/71 El – Kindy Ag. J.

 

R. v. Richard Petro, Crim. Rev. 20-M-71; 19/3/71 El – Kindy Ag. J.

The accused was charged with and convicted of an offence under section 47 (1) (a) of the Traffic Ordinance, Cap. 168. The statement of offence was “Riding a bicycle to the common danger”. The Magistrate did not proceed to sentence but referred the case to the High court for revision

                        Held: (1) “Whether it was intended that the charge should refer to careless driving or dangerous driving is not clear. However, whatever the accused might have done when riding his bicycle, he did not commit any criminal offence under section 47 (1) (a) of the Traffic Ordinance, Cap. 168 as this provision apply only to “motor vehicles”, and a bicycle, by definition, is not a motor vehicle, and a person who rides a bicycle is not said to “drive” it. “(2) Conviction set aside.