Hamadi Sadiki v. R., Crim. App. 395-D-68, 19/8/68, Biron J.

Hamadi Sadiki v. R., Crim. App. 395-D-68, 19/8/68, Biron J.

Accused was convicted of causing death by dangerous driving [Traffic Ordinance (Amendment) Act, No. 41 of 1964, sec. 44A(1)(a)] for which he, inter alia, was disqualified from holding a driving licence for 12 months. He now appeals against this disqualification on the ground that he is a driver by profession and that he will lose his job if he loses his licence, causing hardship to his family and dependents whom he will be unable to support.

            Held: The 12 months disqualification is mandatory for the offence involved here, unless the court finds “special reasons”. It has been held in “a long unbroken line of authority” that special reasons means only those special to the offence, and not those special to the offender. “(H)owever much hardship an order of disqualification may cause, that cannot be taken into consideration.” Appeal dismissed.