Divisional Court Cases
| Published date | 01 January 1967 |
| Date | 01 January 1967 |
| DOI | http://doi.org/10.1177/002201836703100104 |
| Subject Matter | Article |
Divisional Court Cases
CONSECUTIVE PERIODS OF DISQUALIFICATION
R. o. Sixsmith: ex parte Morris
IF it is decided to disqualify a driver under s.5(3) of the
Road Traffic Act 1962 (the "totting
up"
provisions) in re-
spect of offences arising out of the same incident, can one
period of disqualification be imposed in respect of all of the
offences?
This
question was raised in the above case (1966
3
All
E.R. 473) on an application for an order of mandamus to
the stipendiary magistrate for the city of Cardiff at the instance
of the chief constable of that city.
The
facts giving rise to these proceedings were that one
John Malcolm Power was on the 2 November 1965 convicted
by the learned magistrate of the following offences all of which
had been committed on the same occasion: (I) driving without
due care and attention; (2) driving while uninsured; (3) failing
while the holder of a provisional licence to display
"L"
plates;
(4) driving otherwise than under the supervision of a qualified
driver present with him in the vehicle. Each of these offences
is specified in Part 2 of Sch. I of the Road Traffic Act 1962 and
consequently is in virtue of s. 5(2) of that Act an offence for
which a period of disqualification may be imposed. On pro-
duction of the defendant's licence it appeared that on two
previous occasionswithin the period of three years immediately
preceding these offences the defendant had been convicted of
offences specified in Part 2 of the rst Sch, He had therefore
rendered himself liable in addition to disqualification under
s.5(3) of the 1962 Act.
The
learned magistrate imposed a
disqualification of 6 months in respect of the defendant's
driving when uninsured and also 6 months' disqualification in
respect of the third occasion on which the defendant had been
convicted, without specifying to which of the 4 convictions
this disqualification related. By s. 5(5) of the 1962
Act-
"The
period of any disqualification imposed under
subsec. (3)
...
shall be in addition to any other period of
disqualification imposed whether previously or on the
same occasion."
II
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