Traffic Ordinance, 1953, section 43 (1) and (2)-In charge of motor vehicle while under the influence of drink-"Special reason".
Case summary
The appellant appealed against a conviction of being in charge of a motor vehicle whilst under the influence of drink to such an extent as to be incapable of having proper control of the vehicle, contrary to section 43(1) of the Traffic Ordinance, 1953. The appellant had been fined and disqualified for six months from holding a certificate of competency. One of the appellant’s grounds of appeal was that “the conviction was made against the weight of evidence”. The appellant also argued that the fact that he had drawn up the vehicle on the near side of the road and gone to sleep was a “special reason” which should have prevented him from being disqualified from holding a licence under section 43(2).
Held (2nd January 1957):
Merely to say that a conviction is against the weight of evidence does not comply with section 350(2) of the Criminal Procedure Code and is insufficient as a ground of appeal.
The fact that the appellant had stopped the car and gone to sleep in it was not a “special reason” sufficient to enable him to escape disqualification. It was, however, a mitigating circumstance to be taken into consideration when the Court was deciding whether or not to inflict a sentence of imprisonment and in assessing the quantum of any fine.
Cases referred to: Duck v. Peacock (1949) 1 A.E.R. 318; Jones v. English (1951) 2 A.E.R. 853; Hopper v. Stansfield (1946) 48 L.G.R. 641.
[Editor’s Note: See also Aladesuru v. The Queen J.C. (1956) A.C 49.]
