SIMONS v. COMMISSIONER OF POLICE

JUDGMENT OF APALOO J.

In this case, F. A. Simons appeals against a fine and a disqualification order imposed on him by the circuit court on the 20th November, 1962. The appellant was the owner of a Mercedes Benz saloon car No. AS 9360. On the 14th September, 1962, his driver was seen driving this car at Aboabo No. 1, Kumasi. At that time, the motor car did not have in force in relation to it, a policy of insurance as required by the peremptory provisions of section 3 of the Motor Vehicles (Third Party Insurance) Act, 1958.1 Accordingly, he and his driver were charged with committing a breach of the said section. The appellant pleaded guilty to the charge of permitting the use of an uninsured vehicle. The learned circuit judge convicted the appellant on his own plea and imposed on him a fine of £G150 or in lieu thereof one year's imprisonment with hard labour. In addition thereto, he was disqualified from holding a driving licence for a period of twelve months.

As I said, the appellant appeals against the fine on the ground that it was excessive having regard to the circumstances of the case. The appellant has not sought to say the fine was unlawful. In fact, counsel expressly concedes that the sentence was not unlawful. The circuit court was entitled to impose on the appellant any fine up to £G200. The fine which is well nigh the maximum seems to me to be on the high side but as I understand the authorities, I cannot interfere with it unless I am satisfied that the learned circuit judge acted on wrong principles or that the sentence is so manifestly excessive as to amount per se to an error in principle. The record is silent as to what factors the learned circuit judge took into consideration in imposing this sentence. The appellant himself has not furnished me with any material on which I can justifiably hold that the learned circuit judge acted on wrong principles. Although the notice of appeal complains that the circumstances of the case made the imposition of this sentence much too severe, counsel frankly said that he [p.207] was not himself aware of the circumstances and his client had not put him in possession of any facts in that connection. The sentence is admittedly lawful and is largely a matter for the exercise of the learned circuit judge's discretion. I can find no ground for disturbing the sentence and the appeal against sentence must fail.

The more serious argument which was put forward was the contention that the sentence of disqualifi