R. v. Morgan Andrew Kevin

HCMA000941/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 941 OF 1995

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Coram : Hon Duffy, J. in Court

Date of hearing : 30 January 1996

Date of handing down judgment : 2 February 1996

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J U D G M E N T

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1. This was an appeal against sentences of a fine and a suspended prison term for driving without a driving licence, and a similar penalty, plus disqualification, for driving without third party insurance. The appeal against conviction on the insurance charge was abandoned.

2. In her Reasons for Sentence, the learned Magistrate referred to two cases,Chan Hon-pui v. R., Cr. App. 913/86 and R. v. Tsang Wai-man, Cr. App. 139/86, both of which cases relate to sentences passed for driving while disqualified. Clearly, these cases are not authorities for the sentences passed here by the learned Magistrate.

3. As well as which, while the Appellant has been in Hong Kong since May 1993, there has never been any concession by him that he has been driving continuously in Hong Kong since then. It is certainly, however, true that he drove on 21st July 1995, and at that time he did not have a valid driving licence. This meant of course that the insurance policy taken out by the owner of the car did not cover him.

4. I felt in all of the circumstances that the fine of $3,000 on each of the two charges was a sufficient penalty together with the disqualification for 12 months in relation to the insurance charge. The appeal is allowed accordingly.

Representation:

Mr W.S. Cheung, SACP, for Crown

Mr Joseph W.Y. Tse (Weir & Associates) for Appellant