Coram: Briggs, C.J.
Date of Judgment: 6th February, 1978.
1. The appellant was found guilty of careless driving and appealed against his conviction and sentence. I dismissed the appeal againstconviction.
2. The facts of the case were that on June 7th, 1977 just after noon, the appellant drove a public light bus in such a manner that hecaused a police constable, who was giving a signal for him to stop, to jump out of the path of the oncoming vehicle. At the timethe vehicle was travelling under 15 m.p.h. The magistrate sentenced the appellant to a fine of $500. In addition, he was disqualifiedfrom driving all vehicles for six months, and public light buses for twelve months.
3. The circumstances of this case show that this was not a serious case of careless driving. In addition, the appellant has been a professionaldriver for eleven years, during seven of which he has been driving a public light bus. His record shows that the has only one previousconviction for careless driving; that was in 1976 and it could not have been of a serious nature since he was only fined $150 andno order for disqualification was made. He has been found guilty of four other very minor traffic offences.
4. In the circumstances, I think it is unnecessary to impose a period of disqualification in this case. The fine of $500 is a heavyfine, but that will remain. The appeal against sentence will be allowed to the extent that the period of disqualification imposedby the magistrate will be set aside.
Kotewall (Hastings & Co.) for appellant
Miss Harriss for crown/respondent