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The trial court erred by imposing a custodial sentence without giving the appellant, a first offender who pleaded guilty, the statutory option of a fine.
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The Court of Appeal partly allowed the appeal, quashing the drunk-driving conviction but upholding the reckless-driving conviction.
The prosecution failed to prove the offence of driving under the influence of alcohol beyond reasonable doubt due to the timing of the test and intervening factors, but proved the offence of causing damage through reckless driving based on cumulative evidence including the sketch map, vehicle inspection report, and appellant's own testimony.
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The prosecution failed to prove the offence of driving under the influence of alcohol beyond reasonable doubt because the alcohol test was conducted 12 hours after the accident and after the appellant had consumed alcohol, making the result unreliable. However, the evidence, including the sketch map, vehicle inspection report, and the appellant's own testimony, cumulatively proved the offence of causing damage through reckless driving.
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The appellant was found to have driven on the wrong side of the road, causing the collision; the evidence, including the sketch map and credible prosecution witnesses, established careless driving beyond reasonable doubt. The conviction and sentence were upheld, and the appeal dismissed as lacking merit.
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The High Court allowed a criminal appeal, holding that the trial court imposed excessive jail terms without considering a first offender, guilty plea, or available fines.
The High Court dismissed Martin s/o Pakoni’s appeal, upholding convictions for dangerous driving and unlicensed carriage of passengers, and the sentence imposed.
The High Court dismissed a criminal appeal against convictions for dangerous driving, causing death and injury, and using an unlicensed goods vehicle to carry passengers.
The High Court allowed an appeal against conviction for causing death by dangerous driving, finding the accused drove at a normal speed and took reasonable evasive action.
The High Court partly allowed a criminal appeal, quashing careless driving but sustaining failure to stop at a railway crossing and reducing sentence.
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