MILES J. This is an appeal by the Attorney-General by way of case stated from a judgment of the acting Colonial Magistrate sitting in the Magistrate's Court at Bathurst. The respondent was convicted of driving a motor-vehicle while under the influence of drink contrary to section 48 (1) of the Motor Traffic Ordinance, c. 155. He was fined £5 but no order of disqualification was made.
Section 48 (2) of the Motor Traffic Ordinance provides that: "a person convicted of any offence under this section shall, unless the Court for special reasons thinks fit to order otherwise and without prejudice to the power of the Court to order a longer period of disqualification, be disqualified for a period of twelve months from the date of the conviction from holding or obtaining a licence."
The Magistrate did not overlook the provisions of this subsection but he held that special reasons were present in this case, these being, according to the case, the nature of the defendant's duties at the Atlantic …