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Criminal procedure (sentence): " offences under Criminal Law Code " culpable homicide " motoring case " negligence causing death of a pedestrian " endorsement of driver's licence under Road Traffic Act [Chapter 13:11]
Road traffic: " motoring offences " culpable homicide in the course of driving " sentence " endorsement of offender's driving licence
A magistrate sentenced a driver who had negligently caused the death of a child to a suspended sentence and community service as provided for in the Criminal Law Codification and Reform Act [Chapter 9:23]. The driver's licence was also ordered to be endorsed in terms of the Road Traffic Act [Chapter 13:11]. A scrutinising regional magistrate queried whether it was competent for the accused to be penalized under the Road Traffic Act when the law under which he had been charged did not provide for such a penalty.
Held, that s 64 of the Road Traffic Act provides for anyone convicted under any other law in connection with driving a motor vehicle to have their licence endorsed as if they were being charged under the Road Traffic Act, as would have occurred before the criminal law was codified. It was thus competent for the court to invoke the provision of the Road Traffic Act which allowed the endorsement of the accused's driving licence.
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