HKSAR v. Chan Ka Kin

DCCC 555/2018

[2018] HKDC 1429

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 555 OF 2018

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Reasons for Sentence

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1.The defendant has been convicted after trial for an offence of careless driving. He did face a more serious charge but I found that not to be made out on the evidence.

2.As to the offence, the definition of the offences makes clear this is a case of inattention, and this must be combined to a certain extent with the driving history of the defendant I had seen presented by the prosecution.  In a short period of some four years, the defendant has committed a number of fixed penalty offences, but they do show a lack of attention in his driving.

3.I do think that the level of the defendant’s culpability in this case can be dealt with by way of fine, financial penalty, but the defendant will have to have a period of disqualification as well. 

4.He is 32 years old, lives at home with his parents; is involved, to a certain extent, with the care of his sister.  He works for PCCW and earns something around about $10,000 a month. 

5.There are no particularly pressing reasons why I should not impose disqualification here.  He lives in Lai Chi Kok; public transport is available.

6.There will be a fine of $5,000 and a disqualification of 12 months.  The defendant must take and complete a driving improvement course within the last three months of that period of disqualification if he wishes to drive again.