<u>Dr. Poku Adusei JA</u>
At his arraignment at the Circuit Court, Bekwai-Ashanti the appellant was charged with the offence of careless and inconsiderate driving of a vehicle.
Statement of Offence
Careless and inconsiderate driving contrary to Section 3 of the Road Traffic Act, 2004 (Act 683) as amended by Act 761/2008
Particulars of Offence
Isaac Ayaba Bempah, aged 32, drive: For that you on the 19/10/2024 at about 4am at Ofoase Kokoben, in the Amansie Municipality and within the jurisdiction of this Court, then being the driver in charge of Howo Sino Truck No. GR 7219-23, did drive carelessly on the road and crashed into two stationary man-diesel trucks with registration numbers: GM 2187-16 belonging to K Ofori Company Ltd and GR 1618-P also belonging to Saeed Ali Yaqub respectively.
The facts supporting the charge
The facts upon which the charge was laid against the accused were that: the appellant, Isaac Ayaba aged 32, was an employee of QX Logistics Company Ltd, Adum Kumasi and a resident at Santasi-Kumasi. On 19/10/2024, at about 4am, the appellant was driving Howo Sino Truck with registration no. GR 7219-23 from Anwiankwanta heading towards Barekese along the main Kumasi-Obuasi highway. On reaching a section of the road at Ofoase Kokoben, without due care and attention drove carelessly and veered off the road into the opposite shoulder 3 meters away from the main road and crashed into a stationary man diesel truck with registration number GM 2187-16 belonging to K. Ofori Ltd and man diesel truck with number GR 1618-P loaded with iron rods which resulted in significant damage to the vehicles. A report was made to the police and the appellant was arrested. The vehicles were tested by a DVLA official from Bekwai and all requisite documents covering the vehicles were confirmed to be valid. After investigations, the appellant was charged with the offence and put before court.
At the lower court, the charge was read and interpreted in the Twi language to the appellant. The appellant pleaded guilty with explanation. Since the plea of guilty with explanation was not known to our criminal law and jurisprudence, the appellant was made to offer an explanation. He explained as follows:
“What happened was that I tried to save an accident. There was a car
which was overtaking another car and came into my lane. I tried to go
to the right side of my lane but there was a big hole there so I
veered into
