JUDGMENT

Murray-Aynsley CJ:

In this case two charges were made arising on the same facts. They were tried separately at an interval of some months. The first charge was making a false statement to obtain a driving licence. The second was for making an application for a driving licence whilst disqualified. In cases of making a false declaration, where the accused does not know English, it is important that the declaration should have been explained to him. When the second charge was heard it transpired that the material part of the declaration had not been explained to the appellant. The form had been filled up by a petition-writer outside the office of the Registrar of Vehicles. The same witness had said on the hearing of the first charge that he had explained to the appellant the whole form. In the circumstances I considered that the conviction on the first charge could not be sustained. On the second charge there is no doubt that an offence was committed. I considered, however, that in the circumstances the penalty might be reduced.