Masudi Hassani v. R., Crim. App. 41-M-70; 18/2/70; Bramble, J.

Masudi Hassani v. R., Crim. App. 41-M-70; 18/2/70; Bramble, J.

The accused was convicted on his own plea of careless driving c/ss 47(1) and 70 of the Traffic Ordinance and of driving a motor vehicle whist efficiency was impaired by drinks c/ss 49(1) and 70 of the Traffic Ordinance. He was sentenced to seven months on each charge and disqualified from holding or obtaining a driving permit for twelve months.

The facts were that the appellant’s driver left the company’ car near the police Station and at 10 p.m. on 28/11/69 the appellant came to remove it. He started off at a speed and struck the Police Station causing damage. He was found to be drunk. He was a first offender.

            Held: (1) “Darling while being drunk is a serious offence and the legislature has shown this by the maximum penalty of 3 years imprisonment or Shs. 10,000/- fine or both which it has ordered. Where, however, the legislature gives an option, imprisonment should be imposed on a first offender only where there are aggravating circumstances which point to a total disrespect for the law. There were none here and a fine would more properly have met the justice, of the case. (2) “I, therefore allow the appeal against sentence, and on the charge for driving whilst efficiency was impaired by drink, I vary the sentence to a fine of Shs. 500/- in default 2 months imprisonment. The order for disqualification will stand. As to the second charge of careless driving it is almost contained in the first and I vary the sentence and order that the appellant be discharged absolutely under the provisions of section 38(1) of the Penal Code.”