Jeremiah s/o Mhindi v. R., Crim. App. 108-D-68, 10/5/68, Georges C. J.

Jeremiah s/o Mhindi v. R., Crim. App. 108-D-68, 10/5/68, Georges C. J.

Accused was convicted of causing death by dangerous driving [Traffic Ord., Cap. 168, s. 44A(1)(a)] There was evidence that the accident took place at night and that accused failed to dim his headlights and struck the other lorry on the wrong side of the road. Accused made an uncautioned statement to a police officer before it had been decided to charge him with an offence. In this statement he admitted that his vehicle had been on the wrong side of the road, but stated that he had dimmed his own lights and had crossed the road because he was dazzled by the bright lights of the other lorry. Accused was sentenced to two years’ imprisonment, and he was disqualified from driving for one year.

            Held: (1) The statement to the police officer was an attempt to explain the accident and was properly admitted in evidence since it did not constitute a confession of guilt. (2) Since the police had not decided to charge accused at the time the statement was made, no caution was required. (3) Even if accused was dazzled by the one coming lights, it was his duty to moderate his speed and if necessary to stop. In any event, his being dazzled would not have prevented him from pulling to the left-hand side of the road. (4) The disqualification from driving should not have been of such a length that it would expire while he was still in prison. Disqualification modified to one of three years and appeal otherwise dismissed.