Section 195: Use of private car as taxi – Presumption—The appellant, owner of a
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
195. Use of private car as taxi – Presumption—The appellant, owner of a
car licensed as a private car, took passengers in his car at a hotel and drove
away. The Magistrate relying on the presumption created by section
188 (1) (a) of the Road Traffic Ordinance (now Act), found him guilty of
[Issue 1] CON – 218
Revised Laws of Mauritius
having used his private car as a taxi. It was contended, on appeal, that the
presumption relied upon by the Magistrate offended against section 10 (2) (a)
of the Constitution of Mauritius, which provides that every person charged
with a criminal offence shall be presumed to be innocent until he is proved or
has pleaded guilty.
HELD section 188 (1) of the Road Traffic Ordinance (now Act) does not
contravene section 10 (2) (a) of the Constitution. Parmessur v R (1979).