Facts
The appellant was charged with and convicted of causing death through reckless driving. The
deceased was running across a lorry driven by the appellant. It was alleged by one prosecution witness that the appellant was "driving at a high speed". There was no evidence on record that the appellant was driving at a high speed.
Held:(i) A court cannot convict a person of dangerous or careless driving when the finding of dangerous or careless driving is based solely on opinion evidence about his speed where such opinion is arrived at on quite insufficient data - Daya v Republic [1964] E.A 529 followed.
(ii) P.W.I's statement that the appellant was "driving at a high speed" cannot suffice to prove the fact of speed.
Case Information
Appeal allowed.
No comments:
Post a Comment