1996 MarsdenLR 1141
HIGH COURT (BRUNEI DARUSSALAM)
DENYS ROBERTS, J
HJ SHAHDAN BIN BAKAR
versus
PUBLIC PROSECUTOR
CRIMINAL REVISION NO. 6 OF 1996
Decided On : 05-16-96
Roberts, C.J.
Hj Shahdan bin Bakar ("the defendant") wrote to me on 11th May, 1996 asking that I should reconsider the suspension of his driving licence imposed upon him by a magistrate on 6th May, 1996.
Accordingly, in accordance with the powers vested in me by section 296 of the Criminal Procedure Code, I have examined the record of the trial of the defendant in order to satisfy myself as to the "correctness, legality or propriety" of the sentence passed by the magistrate.
The defendant was charged with careless driving contrary to section 29 of the Road Traffic Act.
The facts which were put before the court, and agreed to by the defendant, show that he drove his car No. BJ 9405 in a careless manner in Jalan Muara on 17th February, 1996.
The defendant pleaded guilty to the charge, was fined $250 and disqualified from driving for 6 months.
Section 29(2) provides that the court shall order the disqualification of a person, on a second or subsequent conviction for an offence against section 29(1) of the Road Traffic Act.
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The disqualification will last for such period, being not less than six months, as the court may think proper, unless there are special reasons not to disqualify.
These special reasons must relate to the offence itself and no such reasons have been put forward by the defendant.
The period of disqualification will cause considerable hardship to the defendant, who will find it difficult to carry out his work as a Senior Technical Assistant in the Electrical Department without a licence to drive.
I am afraid that, as the law now stands, a court has no option but to impose a minimum disqualification for six months, as it did.
I appreciate that the deprivation of the defendant's licence will cause him much inconvenience but I cannot interfere with the magistrate's Order.
16th May, 1996.
DATO SIR DENYS ROBERTS
Chief Justice.