R. v. Abbasi Mohammed Comorian, Crim. Rev. 8-Z-67, 14/4/67, Kimicha Ag. C. J.

R. v. Abbasi Mohammed Comorian, Crim. Rev. 8-Z-67, 14/4/67, Kimicha Ag. C. J.

The accused pleaded guilty to driving without a proper licence. His uncle had gone to Dar es Salaam to receive medical treatment. The accused received a message that his uncle had arrived at the Zanzibar Airport, and that he was very sick and needed to be collected. Thereupon the accused took his uncle’s automobile to the airport to pick up his uncle and bring him to town, during which journey he was stopped by the police and found to be without a proper driving licence. The accused is a Post Office van driver. He holds a Government licence, which is issued free of charge to Government drivers, and which authorizes him only to drive Government vehicles. The accused was fined Shs. 100/-.

Held: (1) On revision, the High Court has the power to consider the merits of a case notwithstanding the fact that the accused pleaded guilty and the case came initially to the High Court for revision on the question of sentence only.

            (2) The accused was faced with an emergency situation and it is hardly surprising that he drove to the airport without thinking about licensing technicalities. He was a competent driver; indeed, he made his living as a driver, so it cannot be argued that he was endangering the public safety. The High Court “did not think that any reasonable man placed in the situation of the accused of being required to meet a very sick man in a hurry would have behaved in a more reasonable manner than that pursued by the accused.” Conviction quashed.