HKSAR v. Woo Ka Wah Wilcox

DCCC 1254/2023

[2024] HKDC 1867

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1254 OF 2023

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REASONS FOR SENTENCE

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1.I must now determine sentence. I have convicted the defendant of the offence of careless driving, contrary to Section 38(1)  of the ordinance.

2.Of significance in sentencing in respect of this particular charge is firstly, the nature and culpability of the defendant’s driving, and secondly, the damage caused by that driving.  The court cannot completely ignore the consequences of the driving in terms of the serious injury caused to the victim here but I must bear that in mind against the other factors of defendant’s culpability and also the actions taken by the victim in this case.

3.I have determined here that the defendant himself failed to make a check in his centre mirror, I accept that he would have checked his other mirrors, which perhaps and possibly would have revealed the presence of the victim before he started his reversing manouvre.  As I said, that shows that the defendant was taking care but not taking sufficient care in the circumstances. That is one factor that I consider.

4.The next factor I consider is that I have determined in this case the defendant is not the sole cause of this accident, the pedestrian herself in this case walked into a one-way street not at a pedestrian crossing and to a certain extent endangered herself in that manouvre.

5.Finally, there is the defendant’s driving record which show he may have a problem with driving in excess of speed but we are not concerned with that today, we are simply concerned about the care he took in the reversing manouvre. 

6.Overall, I believe this can still be dealt by way of a financial penalty and a period of disqualification.  What I shall order is a fine of $4,000 and disqualification for 6 months.  The defendant must take and complete a driving improvement course within 3 months of the expiration period of disqualification.