Republic v Andrew Massy 1984 TLR 346 (HC)

REPUBLIC v ANDREW MASSY 1984 TLR 346 (HC)

Court High Court of Tanzania - Dodoma

Judge Maina J

April 25, 1983

CRIMINAL REVISION 5 OF 1983 H

Flynote

Criminal Practice and Procedure - Pleas - Plea of guilty to a charge - Facts at variance  with the offence charged - Whether conviction can stand. 

-Headnote

The accused was charged with driving a motor vehicle without a valid driving licence contrary to section 19(1) of the Road Traffic Act, 1973. He pleaded guilty to the charge. When the facts were read out they showed that the accused was stopped and asked to produce a driving licence which he did not B produce. The case file was called for revision.

Held: 

(i) Since the facts were at variance with the offence charged the conviction cannot stand;

(ii) failure to produce a valid driving licence is a different offence from one of driving without a valid driving licence.

Case Information

Order accordingly.

No case referred to.

[zJDz]Judgment

Maina, J.: The accused Andrew Massy appeared before the District Court at Singida on a charge of driving a motor vehicle on the public road without a valid driving licence. He pleaded "guilty". When the facts were read out, they showed that the accused was stopped driving a motor vehicle and he was asked E to produce a driving licence but he did not produce any licence. The accused admitted those facts, he was convicted of the offence as charged and he was sentenced to five Shs.500/= which he paid.

The charge against the accused was driving a motor vehicle without a valid driving licence which is an F offence under section 19(1) of the Road Traffic Act, 1973. But the facts which the accused admitted were that he failed to produce a driving licence when requested by the Police Officers. That was a different offence under section 77(1) Road Traffic Act. The facts therefore were at variance with the offence charged. A person may have a valid driving licence but fails to produce it. That is a different offence from one of driving without a valid driving licence.

Since the facts did not establish the offence charged, the conviction cannot stand. Accordingly the conviction is quashed and the sentence is set aside. The accused is to be retried before another magistrate of competent jurisdiction.

The fine which accused paid should be refunded to him.

Order accordingly.

1984 TLR p348

A