Reginam v Hussain [1978] FJSC 108; Review 9 of 1978 (19 May 1978)

IN THE SUPREME COURT OF FIJI
REVISIONAL JURISDICTION

Review No. 9 of 1978

IN THE MATTER of the Criminal Procedure Code

AND IN THE MATTER of Criminal Case No. 628 of 1977
before Labasa, Magistrates Court

REGINAM
Complainant

AND

TAZMUL HUSSAIN s/o TAFAZUL HUSSAIN
Respondent

JUDGMENT

On the 19th December 1977 at Labasa Magistrates Court, the respondent having pleaded guilty to, 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, was sentenced to a fine of ten dollars and was disqualified from holding or obtaining a driving licence for a period of only six months.

No special reasons were raised and consequently the minimum period for which the Magistrate could order disqualification was twelve months (see R. v. Indar Naicker Review No. 4 of 1978).

In the exercise of the revisional jurisdiction of this Court the period of disqualification is increased to twelve months with effect from the 19th December 1977.

Sgd. Clifford H. Grant
Chief Justice

Suva,
19th May 1978.