Chow Chiu-fai v. The Queen

CACC000015/1978

Coram: Briggs, C.J.

Date of Judgment: 6th February, 1978.

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JUDGMENT

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1. The appellant was found guilty of careless driving and appealed against his conviction and sentence. I dismissed the appeal against conviction.

2. The facts of the case were that on June 7th, 1977 just after noon, the appellant drove a public light bus in such a manner that he caused a police constable, who was giving a signal for him to stop, to jump out of the path of the oncoming vehicle. At the time the vehicle was travelling under 15 m.p.h. The magistrate sentenced the appellant to a fine of $500. In addition, he was disqualified from driving all vehicles for six months, and public light buses for twelve months.

3. The circumstances of this case show that this was not a serious case of careless driving. In addition, the appellant has been a professional driver for eleven years, during seven of which he has been driving a public light bus. His record shows that the has only one previous conviction for careless driving; that was in 1976 and it could not have been of a serious nature since he was only fined $150 and no order for disqualification was made. He has been found guilty of four other very minor traffic offences.

4. In the circumstances, I think it is unnecessary to impose a period of disqualification in this case. The fine of $500 is a heavy fine, but that will remain. The appeal against sentence will be allowed to the extent that the period of disqualification imposed by the magistrate will be set aside.

Representation:

Kotewall (Hastings & Co.) for appellant

Miss Harriss for crown/respondent