The appellant was convicted of causing death by dangerous driving. He drove on a rough and narrow gravel road at an excessive speed, so excessive that he lost control of the vehicle. He travelled for some five hundred feet before going off the road and turning upside down. The speed itself was not extraordinarily high but in the conditions of the road it was dangerous and it caused death. The appellant had admitted that he was in a hurry because he was late.
Held:
(i) In a case of causing death by dangerous driving a fine is appropriate where the driving was due to momentary inattention or misjudgment. A custodial sentence is justified where there has been recklessness or wilful disregard for the safety of other users.
