State v Gounder [2007] FJMC 4; Criminal Case No 711 of 2002 (6 March 2007)

IN THE RESIDENT MAGISTRATES’ COURT
AT LAUTOKA
IN THE WESTERN DIVISION

CRIMINAL CASE NO 711 OF 2002

STATE

V

MUNENDRA GOUNDER

Prosecution: Sgt. Shaukat Ali
Accused: In Person

RULING

On 20th January, 2006 the applicant was sentenced to 12 months imprisonment and suspended for 2 years and fined a sum of $200.00 and disqualified from holding or obtaining a drivers licence for 18 months after he was convicted for causing death by dangerous driving.

The accused on 28th November, 2006 made an application for the disqualification to be uplifted and for the drivers licence to be restored.

The state is opposed to the application and is relying on Section 59 (7) which reads as follows:

1. "if the period of disqualification is for 12 months or more, any licence held by the person shall be cancelled."
   

Subsection (a) reads:

"if the period of disqualification is less than 12 months, any licence held by the person shall be suspended for the period of disqualification".

I think subsection (a) states the obvious in that a disqualification would mean that the licence is suspended.

The applicant’s application is made pursuant to Section 59(10) which reads as follows:

"if a person is convicted by a Court and is disqualified from holding or obtaining a drivers licence for more than six months the person may, after the expiration of six months from the date of the commencement of disqualification, apply to the Court for an order to remove the disqualification".

Section 59(11) states the matters that the Court shall take into account which includes the character of the applicant, his conduct after the conviction, that nature of the offence and any other matters that the Court thinks fit.

The states submission was that since the drivers licence was cancelled the applicant should go for a driving test once again and is not eligible to apply for removal of disqualification and restoration of drivers licence, but in my view Section 59(10) does not preclude the applicant from making the application as all it talks about is the disqualification for more than 6 months from holding or obtaining a drivers licence.

I think it helps if the Act is read in conjunction with the Regulation - in this case the relevant Regulation is Land Transport (Driver) (Amendment) Regulation 2002 in particular Registration 30 where it states how the Authority (LTA) may suspend, cancel or refuse to issue or renew a drivers licence.

Then Regulation 30 (4) states that:

"The Authority must not renew a driver’s licence if the applicant has been disqualified from holding or obtaining a driving licence when the disqualification period has expired or is removed".

In light of the matter discussed above, I think that the states submission that the applicant has to go through a driving test is misconceived.

The applicant has served more than 12 months of the disqualification and he has not re-offended since, so I allow his application and order that the disqualification placed on 20th January, 2006 shall be removed and his driving licence shall be restored.

[Mohammed Shafiullah Khan]
Resident Magistrate

06/03/2007