A police officer who was checking vehicles told the appellant, a taxi driver, to stop. The appellant appeared to be non-co-operative and whilst the police officer was speaking to him and holding on to the car, the appellant drove his car away. The police officer continued to cling to the vehicle which travelled for some distance. The vehicle then increased its speed and the police officer was clinging and running behind the vehicle.Eventually, the police officer had to let go and he then fell down and rolled over. The appellant was convicted by the subordinate court of the offence of driving a vehicle on public highway in a manner so rash and negligent as to endanger human life or to be likely to cause harm to another person contrary to section 237 (a) of the Penal Code. The appellant 5 appealed against his conviction.
Held, dismissing the appeal:
That a reference in section 237 (a) of the Penal Code to driving in a manner "so rash and negligent" indicated that not only the driving must be negligent but it must also be rash and rash to a degree that endangers human life or is likely to cause harm.