Reginam v Naicker [1978] FJSC 106; Review 4 of 1978 (19 May 1978)

IN THE SUPREME COURT OF FIJI
REVISIONAL JURISDICTION

Review No. 4 of 1978

IN THE MATTER of the Criminal Procedure Code

AND IN THE MATTER of Traffic Case No. 845 of 1977
before the Labasa Magistrates Court

REGINAM
Complainant

AND

INDAR NAICKER s/o MUTTAIYA
Respondent

ORDER ON REVISION

On the 5th December 1977 at Labasa Magistrates Court the respondent was convicted of, inter alia, using a motor vehicle which was not insured against third party risks contrary to section 4(1) of the Motor Vehicles (Third Party Insurance) Ordinance, whereupon the trial Magistrate imposed a fine of ten dollars and purported to disqualify the respondent from holding or obtaining a driving licence for a period of only six months.

By virtue of section 4(2) of the Motor Vehicles (Third Party Insurance) Ordinance the minimum mandatory period of disqualification for this offence, in the absence of special reasons, is twelve months; and it is well established that it is for the accused to raise special reasons and to give evidence on oath of the circumstances which it is submitted amount to same, which circumstances must be special to the case and not to the offender (Whittall v. Kirby (1946) 2 All E.R. 552; R. v. Lundt-Smith (1964) 2 W.L.R. 1063; Kandasami s/o Mudliar v. R. Fiji Crim. App. 68/64; and the Attorney-General v. Rishad Hussain Shah Fiji Crim. App. 18/66).

This procedure was not followed and no special reasons were raised.

In the exercise of the revisional jurisdiction of this Court the period of disqualification is increased to twelve months with effect from the 5th December 1977.

Sgd. Clifford H. Grant
Chief Justice

Suva,
19th May 1978.