On the 26th February, 1972, a number of people had been travelling 5 in a car near Kabwe. This car had been on the left - hand side of the road and travelling at a slow or moderate rate of speed. The car alleged to have been driven by the accused had come from the opposite direction at a very high speed, crossed the road and smashed into the other car, killing three people inside and causing extensive damage.
The only real question that arose for decision was whether the accused was the driver of the car or, as he alleged, a passenger.
Held:
(i) Where a person is charged with the offence of causing death by dangerous driving and the only evidence that he was driving the motor vehicle arose from statements made by him at different times which do not directly point to the fact that he was the driver, everything that was said at the various times must be taken into account in deciding this question.
(ii) The offence of causing death by dangerous driving may be quite a moderate offence, and it may be a severe offence. It may be merely a matter of careless driving, a momentary carelessness which turns out to be dangerous and which causes death or, on the other hand, range almost up to manslaughter.
(iii) Where a man drives with utter recklessness caring not for the safety of other persons on the road a prison sentence is deserved.
(iv) While a defence based on subornation of perjury cannot entitle the sentence to be increased it certainly prevents an accused from claiming that he is a man of good character and obtaining such leniency as may flow from that circumstance.
