Amiri Hemed v. R. Crim. App. 288-A-69; 10/2/70; Platt J.

Amiri Hemed v. R. Crim. App. 288-A-69; 10/2/70; Platt J.

The appellant appealed against his conviction and sentence, he having been convicted of causing death by dangerous driving contrary to section 44A of the Traffic Ordinance as amended by Act No. 41 of 1964 and sentenced to twelve months’ imprisonment with two years’ disqualification. His statement in answer to the charge was that the facts alleged were not true. Although a plea of not guilty was entered, the prosecution outlined the facts which the appellant accepted as correct, adding that his bus had over-turned. This was accepted as a plea of guilty and the appellant’s conviction and sentence followed. The main ground of appeal is that the appellant had not admitted the charge and that even by accepting the facts; he had still not admitted that he had caused death by dangerous driving. The facts were that on the afternoon of 9^th May 1969 the appellant was driving on a wet road and having attempted to overtake a vehicle in front of him, discovered that he could not complete that manoeuvre, because of an on-coming vehicle. He turned back to his left but lost control because the surface of the road was wet and his bus overturned. It is quite clear that the issue of dangerous driving was till in doubt, and indeed the prosecutor did not allege in a straightforward manner that it was due to the appellant’s dangerous driving that the bust overturned, so catching fire causing one passenger to be turned to death.

            Held: “Although the appellant lost control as he admitted, he did not admit that that was due to his negligence, but rather to the misfortune of being unable to turn quickly upon a wet road. Therefore in my view the appellant had not changed his plea, and his admission of the charge ought to have been set out in his own words. Accordingly the conviction was null and void. As it proceeded upon an improperly accepted plea, and it was quashed. The sentence was also set aside, but a retrial was ordered.”