Mrs. G. A.H. Adat v. R., Crim App. 932-D-67, 9/2/68, Georges C. J.

 

Mrs. G. A.H. Adat v. R., Crim App. 932-D-67, 9/2/68, Georges C. J.

Accused was convicted of failing to report an accident. [Traffic Ordinance, s. 61 as amended by Acts 1962 No. 55.] While driving an automobile in Dar es Salaam, accused struck a child. She stopped at the scene of the accident but then left thinking that the child had suffered no injury. There was evidence, however, that the child was later found to have broken two toes. Accused never reported the accident to the police.

            Held: (1) No offence is committed under section 61 unless the accident involves injury to a person other than the driver, and the trial magistrate erred in failing to consider this issue. However, the error was not prejudicial since there was clear evidence of injury. (2) Once a driver knows that there has been an accident with the livelihood of personal injury to a third party, the obligation to report the accident is absolute, and he is guilty if he fails to report even though he believes that an injury has not occurred. Conviction sustained.