HKSAR v. Lam Wai Shing

DCCC 706/2017

[2018] HKDC 656

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 706 OF 2017

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Reasons for Sentence

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1.I am required to sentence the defendant for the offence of careless driving today.

2.The sentencing of the defendant or the offence arises out of an accident by which an elderly man was killed whilst crossing against a red light on a pedestrian crossing, and I found the defendant’s driving was careless in all the circumstances of the case and was partially causative of the deceased’s death.

3.Where death occurs as a result of careless driving there is no guideline for sentencing.  The charge itself allows for the imposition of a sentence of imprisonment, and that is an option available to the court.  Of course, other options such as suspension of sentence or a community service order, even a fine, are also available sentences.

4.As far as the defendant’s background is concerned, he is 53 years old.  He has a clear record and no relevant traffic record, either.  He is unmarried, and lives with his mother in public housing in Tsui Wan Estate.  He looks after his mother, who is elderly, and does some part-time work.

5.The defendant was interviewed by a community service officer.  The report is, I would say, very favourable to the defendant.  The defendant has admitted his carelessness in this accident and feels guilt as a result of what has happened and the death that was caused, and he is prepared to consent to perform the community service order, and as far as the probation services, he fits all their case suitability requirements.

6.Given all the circumstances of this offence and the defendant’s position today, I consider this is an appropriate case in which to impose a community service order on the defendant.

7.I am going to make an order that he perform a total of 180 hours of unpaid work to the community.

8.Now, Mr Lam, there are certain requirements attached to the order I am going to make today.  You have got to perform this work within the time allocated or within 12 months, at the latest, from today.  The work will be performed at the direction of a supervising officer. You must comply with his directions as to when and how that work is performed, and you have to perform that work to the satisfaction of that officer.  Also, you have got to keep the peace and be of good behaviour generally.  If you breach any of those conditions or you commit any further offence during the currency of the order, you can be brought back to this court and sentenced again for this offence.  There also will be a reporting condition on the order that will be made today.  You have to comply with that.  You have to report to a Mrs Clarence Tam at this place, 3rd Floor, Wan Chai Tower, on 4 May at 3.30 pm.  But that will be on the direction you will receive.

9.Now, do you understand all those requirements, and do you consent to perform the work?

DEFENDANT: Understood, and consent.

10.The other thing is you will be disqualified from driving for the next 12 months, and you must take and complete a driving improvement course within the last 3 months of that period of disqualification if you wish to receive your licence back; and it is also at your own expense.