Drinking And Driving: The Sentence of Six Months Should be Reviewed

11 years, 9 months ago - 10 March 2013, Le Mauricien
Drinking And Driving: The Sentence of Six Months Should be Reviewed
A deliveryman was sued in the District Court of Port Louis North for driving a vehicle having consumed alcohol above the legal limit of 50 milligrams of alcohol per 100 milliliters of blood. He pleaded guilty and was sentenced to six months in prison and a fine of Rs 20,000. His license was endorsed and canceled for a period of 24 months.

Dissatisfied with the decision of the trial court, he requested the intervention of the Supreme Court through his lawyer, Gaytree Dayal, and his solicitor, Mr. Madhusudun Conhyedoss. They stressed to the judges and Rehana Mungly-Gulbul Abdoula Hajee Abdul Razack, some points of the points raised in the trial of their client. It turns out that there is no evidence that the accused was confronted with his background and he has spoken on the document that has been produced and on which the judge relied in sentencing.

Lawyers both parties agreed that it would be more appropriate that the matter be referred back to the District Court of Port Louis North for a new sentence because "the record does not indicate that there was a fair hearing in relation to sentence.. "He added that it is essentially" the result of the lower Court’s failure to ask the appellant whether he admitted or denied the previous convictions "