CHEDA J:
The above record was forwarded to me
for review as per the usual procedure. The accused was charged as
follows;
“count
1- driving without a licence as defined in section 6 of the Road Traffic Act
[Chapter 13(11)].
Count
2 – contravening section 49 of the Criminal Law Codification and Reform Act
[Chapter 9:23] as Read with section 64 of the Act [Chapter 13 (11) (Culpable
Homicide)”
The brief facts are that the accused
a 19 year old boy was arrested for driving a class 4 motor vehicle without a driver's
licence. On the 20th July 2012 around 1700hrs while carrying 2
passengers he drove along, Tsholotsho –Mbamba road, Matabeleland North when
this accident happened. Upon approaching the 11km peg, he lost control of
his motor vehicle an Isuzu KB, Registration number ABK 3665. The vehicle
overturned throwing out a passenger, who died on the spot. He pleaded
guilty to the offence and was sentenced as follows
“count 1 – US$200 or in default
payment 4 months imprisonment
Count 2 – US$ 400 or in default of
payment 6 months imprisonment”
The trial magistrate did not
investigate or address his mind with regards to the prohibition of driving
which is a requirement for such type of offence.
In that regard it is clear that
there was a misdirection on the part of the learned trial magistrate.
The matter is accordingly referred
back to the same magistrate for the determination of an appropriate sentence in
terms of the Road Traffic Act.
The following order is made:
Order
(1)
The conviction is confirmed, and
(2)
The matter is referred back to the trial magistrate to determine a proper
sentence after following the correct procedure in terms of the Road Traffic
Act.
Cheda AJ
agrees................................................................................
