AUGUSTINO SAIDI

Issa s/o Bilali v. R. (1967)HCD 22

“An award of compensation cannot be made in the absence of evidence as to the amount of loss.”

Bawari s/o Abedi v. R (1967) HCD 11

Held: (1) Exhibition of a pair of khanga not distinguishable from other such items by special marks or features will not support a finding that they are the same as those stolen.

 (2) The burden is not upon the accused to prove his defence, but is upon the prosecution to disprove it beyond a reasonable doubt.

Sumaili s/o Bwalo v. R (1967)HCD 12

If a prima facie case has not been independently established, guilt may not be inferred merely from the accused ’s “unimpressive demeanor or evidence”

Sanda v. R. (1970) HCD 309

Crim. App. 361-D-70; 14/9/7P Saidi, J.

The appellant was convicted of driving a motor vehicle on the public road whilst his efficiency was imparadised by drink c/ss 49(1) and 70 of the Traffic Ordinance, Cap. 168 of the Revised Laws. He was fined Shs. 500/- or 4 months’ imprisonment and disqualified from holding or obtaining a driving licence for 3 years. Appellant argued that the fine was heavy since he was first offender; that his income was small and that the disqualification order was not necessary as the Landover received slight damages.

Held:

 (1) “The fact that the damage to the landrover was slight is not a special reason. Nor drunkness is a special reason. The law is that in conviction for this offence disqualification is automatic unless special reasons are given by the accused. “Special reasons” for not disqualifying a driver from holding or obtaining a driving licence must be special to the case and not the accused: Ali Hussein Gulamali-V-P, I.T.L.R. 379; Rex-v Mtumwa Ahmed, I.T.L.R. 99; Pyarali Abdul Padamsi –v- R., 11 T.L.R. 100; R. v. John Gedeion and another, (1957) E.A. 664 and Muindi Kilinzo v. R., (1962) E.A. 667.” 

(2) “Had he been driving for an emergency say taking a woman in labour or a person seriously injured to the hospital it would be a special occasion. The same would apply if he was riving to help the victim of fire or snake bite to hospital. It would also be a special occasion if he was driving to save the landrover from destruction by fire or floods. No such necessity arose here.” 

(3) As the appellant was first offender and his pay was small the fine was reduced to Shs. 200/- or 4 months’ imprisonment in default of payment. His appeal against the order for disqualification was dismissed.