R. v. John Kennethe Peterson, Dist. Ct. Crim. Case 634-Tanga 68, 22/4/68, Inspection Note by Hamlyn J.

R. v. John Kennethe Peterson, Dist. Ct. Crim. Case 634-Tanga 68, 22/4/68, Inspection Note by Hamlyn J.

The accused was charged with causing death by dangerous driving [Traffic Ordinance, s. 44A(1)], and other minor and technical offences under the same Ordinance. He applied for a separate trial on the dangerous driving count, and the court so ordered, although opposed by the prosecutor on the ground that “It is difficult for me to prove negligence if these other counts are stayed.” The record of the case was sent to the High Court for “comments”.

            Held: (1) The record of the proceedings are before the High Court prematurely the correct procedure is for the case to go through to completion, and then the matter can be brought on appeal should the Attorney-General so desire. (2) The Court stated, obiter, with respect to the prosecutor’s opposition to a separate trial on the dangerous driving count: “It is a little difficult to understand how proof of an alleged fact can be prejudiced by the presence or absence of other counts in the charge”.