N. J. M. Mendoza v. R., Crim. App. 284-D-67; 9/6/67; Saidi, J.

N. J. M. Mendoza v. R., Crim. App. 284-D-67; 9/6/67; Saidi, J.

Accused was convicted of using a motor vehicle without an appropriate licence (Traffic Ordinance, s. 6), and using a motor vehicle without third party insurance (Motor Vehicle Insurance Ordinance, ss. 491), 4(2). In addition to the fines imposed, he was disqualified from holding or obtaining a driving licence for twelve months in respect of the latter offence.

            Held: Under the Ordinance, disqualification from obtaining or holding a licence is automatic in the absence of “special reasons” for allowing an accused to retain his licence. These “special reasons” must relate to the commission of the offence rather than to personal circumstances. Citing R. v. Ali s/o Hamisi, High Court Bulleting No. 78 of 1963.

Accused must be so informed and given an opportunity to suggest such special reasons. Citing R.v.John Gedeon and Simon Jeremiag, (1957) E.A.664; R. v. Azizi Mrimbe, High Court Bulletin No. 204 of 1964.