(1974) JELR 63653 (HC)    
High Court  ·  26 Feb 1974 ·  Ghana
Other Citations
[1974] 1 GLR 309
Core Terms Beta
special reasons
appellant’s vehicle
first prosecution witness
driving licence
minimum period
policy of insurance
careless driving
convicted person
finding of fact
learned magistrate
prosecution’s case
above cases
ambulance driver
ample evidence
appeal court
appellant appeals
appellant’s counsel
appellant’s high beams
aspect of disqualification
caterpillar vehicle
charge of a timber truck no.
charge of a vehicle
clear case of misdirection
consideration of financial hardship
contributory negligence
court amount
court of appeal
criminal charge
decision of a trial court
discretion of the convicting court
district magistrate grade
duty of an appellate tribunal
english courts
following warning
grounds of appeal
high beam sign
inter alia
mandatory provisions of the motor vehicles
national emergency
police sketch
printed record of the evidence
rare circumstances
short period
stated reason
strong evidence of the defence
third party insurance
trial magistrate’s finding
tribunal of first instance
uninsured vehicle

OSEI-HWERE J.: The appellant appeals against his conviction and sentence by the District Magistrate Grade I, Berekum, on one count for careless driving, eleven counts for negligently causing harm and on one count for using an uninsured vehicle. The prosecution’s case against the appellant, briefly, was that at about 7 p.m. on the day in question the appellant was in charge of a timber truck No. AN 8748 which was conveying a caterpillar vehicle from the Nsoatre direction towards the Berekum direction. Between miles 95 and 96 the first prosecution witness, who was also in charge of a vehicle conveying some passengers, sighted the appellant’s vehicle coming from the opposite direction. The appellant gave him the high beam sign and he signalled with the dim beam three times but the appellant left his high beams on as he approached. As the first prosecution witness was dazzled by the appellant’s high beams he applied his brakes and swerved to the nearside and when he was in the process of …

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