R.v.Masumbuko Lengisia, Crim. Rev. 10-A-67; 27/2/67; Bannerman, J.

R.v.Masumbuko Lengisia, Crim. Rev. 10-A-67; 27/2/67; Bannerman, J.

The accused, convicted of carrying passengers for hire without a valid Public Service Vehile

 Licence (Cap. 168, s. 27A), were described as the “driver” and the “turnboy.” The convictions of both were based on observation by the police of the rurnboy in the act of taking money from passengers. Cap. 168, s. 27A (1) provides punishment only for a “driver, owner or person in charge of a motor vehicle” used in violation of the licensing requirements.

            Held: Conviction of the driver was proper. However, since the rurnboy was not charged as “driver, owner, or person in charge” of the vehicle, and since the evidence did not suggest that such a charge would have been supportable, his conviction was improper. Conviction quashed.