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Anastatius Uwakwe v. The State

(1974) JELR 41930 (SC)

Supreme Court  •  SC.374/73  •  11 Sep 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In this appeal the court quashed the sentence imposed by the lower court as being excessive and substituted one year for the three years' .

The appeal against the conviction on a charge of dangerous driving of a motor vehicle which caused the death of a person, contrary to section 17(2) of the Road Traffic Law Cap. 116 in Volume 6 of the Laws of Eastern Nigeria, 1963, now applicable in the East Central State of Nigeria, was dismissed.

The issues which arose and which were argued before us dealt with the severity of the sentence and were:

(1) That the appellant was a first offender;

(2) That he was a learner driver of three months duration under the statutory guidance of a qualified driver;

(3) That the evidence of the dangerous driving was that he (the appellant) swerved from the tarmac without reason, on to the grass verge thereby colliding with a cyclist, who later died from injuries sustained.

The learned trial judge, in det…

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