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OLLENNU J.S.C.
The appellant was convicted by the District Court, Nsawam, on two counts, namely, (i) careless driving, contrary to section 18 (1) of the Road Traffic Ordinance, and (ii) negligently causing harm, contrary to section 72 of the Criminal Code, 1960. He appealed from his conviction to the High Court, Accra, but his appeal was dismissed. He thereupon appealed to this court on five grounds the substance of all of which, taken together, is that the prosecution failed to prove any carelessness or negligence on the part of the appellant, and consequently the trial district court magistrate misdirected himself in holding that the accident was caused by the appellant swaying his car to the left in the course of overtaking a scooter ridden by the victim of the accident.
The accident which resulted in the two charges occurred at mile 24 on the Accra-Suhum road while the appellant, driving a Volkswagon car was overtaking the scooter. According to the case for the prosecution which th…