Athumani s/o Pembe v. R., Crim. App. 408-D-69, 4/8/69, Hamlyn J.

Athumani s/o Pembe v. R., Crim. App. 408-D-69, 4/8/69, Hamlyn J.

The accused was convicted of causing death by dangerous driving, contrary to section 44(1) (a) of the Traffic Ordinance. The trial court passed a sentence of eighteen months imprisonment and in addition disqualified the accused from holding a licence for a period of three years. The facts show that the appellant was driving a motor vehicle and attempted to pass a bus by overtaking it, in the face of on-coming traffic – in this instance, another bus coming from the opposite direction. Being unable to get through the ever-narrowing gap, the appellant drove on to the sidewalk, which was being used by a considerable number of people at the time. And struck a pedestrian, inflicting injuries from which he died. Appeal from sentence.

            Held: (1) “The learned trial magistrate has, in my view properly assessed sentence of imprisonment in the case ……..” (2) As regards the disqualification order, the appellant states that he has been driving motor vehicles for a period of some thirteen years and has never committed any offence heretofore; he also pleads that he is a professional driver with numerous people to support and that both he and his dependents will suffer as a result of the order. “While I have some sympathy for the appellant in view of his occupation as a driver, I cannot find that the learned Resident Magistrate has acted in any way oppressively in assessing the period of disqualification, despite the fact that it will bear hardly upon others. the offence is serious one and the facts of this particular case (to which the appellant has agreed) show that it was flagrant and of a most dangerous nature.” (3) Appeal dismissed.