Ramasir v Gall

• Jurisdiction: Trinidad & Tobago
• Court: Court of Appeal (Trinidad and Tobago)
• Judge: Phillips, J.A.
• Judgment Date: 03 November 1966
• Neutral Citation: TT 1966 CA 128
• Docket Number: No. 644 of 1966
• Date: 03 November 1966

Court of Appeal

Wooding, C.J.; Phillips, J.A.; Fraser, J.A.

No. 644 of 1966

Ramasir

and

Gall

Appearances:

Mr. C. A. Jacelon appeared for the appellant.

Mr. G. des Iles, Acting Solicitor-General, appeared for the respondent.

Criminal Law - Appeal against conviction — Dangerous driving — Liability of a driving instructor — Appellant was the driving instructor of a learner. Convicted with driving in a manner dangerous to the public — Evidence clearly shows that the learner was driving in a manner dangerous to the public — The fact that this was due to incompetence cannot absolve the driver from liability for dangerous driving under s. 46 of the Motor Vehicles and Road Traffic Ordinance, s. 28(4) of the Ordinance also provides that a driving instructor is liable for any offence committed by the learner — Appeal accordingly dismissed with costs.

Criminal Law - Appeal against conviction and sentence — Dangerous driving — Whether fine and suspension of driving permit for 12 months excessive — Appellant was the driving instructor of a learner. He was convicted with driving in a manner dangerous to the public, fined, and driving permit suspended for 12 months — Appealed against sentence — Having regard to the circumstances of the case, period of disqualification should be reduced to 6 months.

Phillips, J.A.

1 On the facts of this case it seems clear to us that the learner who was...