Read the full judgment text of CACC 83/2018 on BabelCite. This Court of Appeal judgment was delivered on 30 August 2019 before Hon McWalters and Zervos JJA.
Criminal law – dangerous driving – causing death by dangerous driving – causing grievous bodily harm by dangerous driving – sentencing – appeal – Road Traffic Ordinance (Cap 374) ss.36(1), 36A, 71(1B) – double-decker bus driver carrying 22 passengers crashed into kerbed ramp on Lei Yue Mun Road killing one passenger and causing very serious injuries to five others – bus travelling at about 59 kph (plus or minus 6 kph) in 50 kph zone with prolonged inattention and no corrective steering – appellant pleaded guilty to both charges – whether driving a public service vehicle with passengers constitutes a serious aggravating factor placing case in higher culpability category under R v Cooksley – whether the sentence was manifestly excessive – whether dual driving improvement course orders under s.71(1B) RTO are lawful – held that driving a public service vehicle dangerously and putting passengers' lives at risk is a serious aggravating factor warranting a starting point in the higher category (following HKSAR v Chan Kwok Fai) – held that starting points of 5 years on Charge 1 and 3 years on Charge 2 were too high – appropriate starting points were 4 years on Charge 1 and 2 years 6 months on Charge 2 – after 25% discount for guilty plea: 3 years on Charge 1 and 1 year 10 months on Charge 2 – totality principle applied with 9 months of Charge 2 consecutive to Charge 1 yielding total 3 years 9 months unchanged – driving improvement course order on Charge 2 set aside as inconsistent with s.71(1B) RTO – appeal allowed to that limited extent – importance of clear and accurate summary of facts addressing ingredients of offence stressed.
Legal issues: Aggravating effect of driving a public service vehicle in dangerous driving sentencing · Whether the sentence was manifestly excessive · Lawfulness of dual driving improvement course orders under s.71(1B) RTO
Outcome: Appeal against sentence allowed to a limited extent; starting points on both charges reduced but the total sentence of 3 years and 9 months' imprisonment maintained through the totality principle. Driving improvement course order on Charge 2 set aside.
Cited by 20 cases