R. v. E.D.U. Sawe, Crim. App. 332-M-69, 4/7/69, Seaton J.

R. v. E.D.U. Sawe, Crim. App. 332-M-69, 4/7/69, Seaton J.

The accused /respondent was convicted of causing death by reckless driving c/s 44A. (1), Traffic Ordinance, Cap. 168. He was fined Shs. 500/-, nor order for disqualification from driving was made. The facts are that the accused, while driving along a street overgrown with huge mango trees, drove clear off the road on to the pedestrians’ path and ran into three school children causing death to one and injuries to two. An earlier appeal concerning this case is reported as R. v. E.D.U. Sawe, (1969) H.C.D. n. 180. This is an appeal by the Republic against sentence alone, on the grounds of inadequacy.

Held: (1) “If the learned magistrate was convinced, as he appears to have been, that the respondent should not be sentenced to imprisonment, nevertheless bearing in mind the gravity of the offence he should have imposed a substantial fine. In the circumstances of this case …. A fine of Shs. 500/- is manifestly inadequate.” (2) “As to the failure to impose an order for disqualification, the learned magistrate seems to have been of the opinion that the condition of the road and the time of the offence were special reasons for not ordering a disqualification, special reasons to the offence. The condition of the road was that there were huge mango trees by the side of the road and the time of the offence was 6 P.M it was borne in mind in convicting the respondent that there were huge mango trees beside the road. Nevertheless it was found that despite these mago trees the respondent had been guilty of causing death by dangerous driving and the time of the offence was also borne in mind, it evidently having been thought that three was ample light for the respondent, had be been driving properly and keeping a look out as he should have been, to have avoided causing the death of the deceased. I cannot find that the facts of huge mango trees being on the side of the road and the time being 6 P.M. were special reasons for not imposing a disqualification.” (3) Sentence set aside. Fine of Shs. 2,000/- or six moths imprisonment substituted. Accused disqualified from holding a driver’s licence for twelve months.