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. I

1984 TLR p346

MAINA J

-Headnote

A 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;

C (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.

D 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 G

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 H 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.

I Order accordingly.

1984 TLR p348

A