Joseph Arab Teso v. R., Crim. App. 139-A-67, 12/9/67, Platt J.

Joseph Arab Teso v. R., Crim. App. 139-A-67, 12/9/67, Platt J.

Accused was charged with driving an unlicensed and uninsured vehicle with various mechanical defeats. [Traffic Ordinance, ss. 6, 14(1), 30(k), 43(d), 69, 70; Moror Vehicle Insurance Ordinance, s. 4(1) (2).]  There was evidence that accused was the owner of the vehicle and had been in charge of the vehicle at the time of the offences. However, the evidence was insufficient to prove that he had driven the vehicle as charged.

            Held: The sentences for these offences may vary depending upon whether the offender was driving or was in charge of the vehicle or permitted it to be driven. The facts proven should correspond to those charged, and the accused should not be required to defend himself against allegations other than the contained in the charge.[Citing Uganda v. Hadi Jamal (1964) E.A 294; Uganda v. Eremenjinto (1964) E.A.] Conviction quashed.