Yu-ming v. The Queen
Read the full judgment text of CACC 199/1978 on BabelCite. This Court of Appeal judgment.
1. The appellant pleaded guilty to the offence of careless driving and was sentenced to a fine of $200 and he was disqualified from having a licence for a motor cycle for twelve months. He appeals against that sentence.
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CACC000199/1978
Coram: Briggs, C.J. Date of Judgment: 13th May, 1978. ----------------- JUDGMENT ----------------- 1. The appellant pleaded guilty to the offence of careless driving and was sentenced to a fine of $200 and he was disqualified from having a licence for a motor cycle for twelve months. He appeals against that sentence. 2. At the time of the incident giving rise to the charge, the appellant was a learner driver. He was riding a motor cycle and after making a 'U' turn collided with a person who was standing by the kerbside in Boundary Street, Kowloon. The victim of the accident was only slightly injured. 3. This is not an offence for which a period of disqualification must be imposed. The appellant has a clean record and a vehicle of some sort is necessary for his employment. Having heard the appellant, who admitted that he had temporarily lost contact of his motor cycle. Mr. Tang, who appeared before me earlier on the same morning on which I heard this appeal, drew my attention to several cases of a nature very similar to this. It would seem that the normal period of disqualification is six months in cases where there is little or no injury and where there is a clean record, the appellant being a professional driver or would be professional driver. In my view, the case is a run of the mill case and I reduced the period of disqualification from twelve months to six months. The period to date from the date of the sentence passed by the magistrate.
Representation: Appellant in person Kitchell for the Crown/Respondent |