Andrew Mashamba v. R., Crim. App. 575-M-69, 27/9/69, Bramble J.

Andrew Mashamba v. R., Crim. App. 575-M-69, 27/9/69, Bramble J.

The appellant was convicted of four minor traffic offences. On the second count, that of permitting a motor vehicle to be use on the public roads with no insurance policy c/s 4(1)(2) of Cap. 169, he was sentenced to 4 months imprisonment. The appellant was a first offender. He was manager of a ginnery and as such had permitted his driver to drive an uninsured vehicle.

Held: “In cases of this kind I would think that a peremptory term of imprisonment should be imposed only where a person has shown violent disregard for the law more particularly when he has already been convicted of a similar offence. Technically there was no such blame or liability of the appellant in that he was acting on behalf of the company. A fine should have met the justice of the case.” Sentence quashed and fine of Shs. 300/- or 3 months in default substituted.