R. v. Chan Sung Tai

HCMA001247/1996

1996 No. MA 1247

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL

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Coram: Hon Sears, J. in Court

Date of hearing: 5 March 1997

Date of judgment: 5 March 1997

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J U D G M E N T

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1. This is an appeal from Mr Hassan sitting at Western Magistracy. The appellant, a bus driver, was charged with careless driving.

2. On the day in question, there was a substantial amount of traffic on the road at the moment of the accident. He came up to a junction where he was going to turn left. As he turned, there was a private motor car on his inside which, in the photographs, would appear to have gone into the side of the bus. However, the police charged the bus driver and said he had cut across the private motor car.

3. There are a number of unusual features in this case . I would, on any view, have found the conviction unsafe and unsatisfactory. When I look at the photographs, it would appear the inherent probabilities are that the car which was at some distance hit the back of the bus and appeared to have been going in a straight line towards the bus. There was also sufficient room on its nearside, as far as I can see from the photographs, about 8', I do not know why it was not closer to the kerb, but that was what it was doing.

4. There were a number of other factors in this case. There was an independent witness who gave evidence and whose evidence with regard to the driver of the other vehicle appeared to have been disregarded by the magistrate. There were certain complaints made about the inability of the appellant to put his case. But whatever the position, the Crown conceded that the appeal should be allowed, therefore I can give these reasons shortly. The appeal is allowed.

Representation:

Mr Johnny Chan, C.C., for Crown/Respondent

Ms M. Panasar, inst'd by D.L.A. for Appellant on appeal against conviction

Appellant in person on appeal against sentence