Court: Taxi Driver’s Collision Appeal Dismissed

August 15, 2016

A taxi driver who was convicted of causing grievous bodily harm to a woman by driving his taxi without due care appealed the decision, with the Court dismissing his appeal.

The Court’s ruling said, “The Appellant, who appeared in person below, on May 6, 2016 pleaded guilty in the Magistrates’ Court [Wor. Khamisi Tokunbo] to causing grievous bodily harm to Rozetta Augustus by driving his taxi without due care and attention on Church Street on November 23, 2015, contrary to section 37A of the Road Traffic Act 1947 [“RTA”].

“The Prosecution case was that the complainant was riding a motor cycle which was stationary waiting for a green traffic light at the junction of Church and Parliament Streets when she was struck by the Appellant’s vehicle from the rear at around 7.1pm.

“Although it was dark, the collision occurred in a well-lit area when it was raining and the roads were wet. The complainant suffered a broken wrist, dental trauma and facial abrasions.

“The mitigating circumstances advanced by the Appellant before the Learned Magistrate were his long driving history with a clean record and poor visibility due to weather conditions. I assume in the Appellant’s favour that he additionally mentioned, as his counsel contended, that one of the two streetlights at the junction was not working

“Does the unblemished record of the Appellant count for nothing? In context of the present appeal it does not. However, in my judgment the Appellant would have a strong case for restoration of his license after half of the disqualification period has been served under section 9[1] of TOPA.

“The appeal is accordingly dismissed.”

The Court ruling follows below [PDF here]

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