Read the full judgment text of HCMA 000331/1984 on BabelCite. This High Court CFI judgment was delivered on 19 July 1984 before O'Connor, J..
Criminal law – dangerous driving causing death – no case to answer – prima facie case – magistrate's role – inference – objective test – Rabjohns v. Burgar applied – appeal by way of case stated – acquittal set aside – case remitted. The defendant drove at speed at night, struck a tree on his wrong side, killing two passengers. The magistrate initially found a case to answer but then of his own motion reconsidered and found no case, acquitting the defendant. On appeal, the High Court held that the magistrate erred in requiring a mental element for dangerous driving and in considering irrelevant factors. The test for no case is whether there is some evidence which, taken at its highest, could establish each element of the offence. Rabjohns v. Burgar, establishing that facts alone may permit an inference of dangerous driving absent explanation, is applicable in Hong Kong. The appeal was allowed, the acquittal set aside, and the case remitted for the magistrate to find a case to answer and proceed.
Legal issues: Prima facie case for dangerous driving causing death
Outcome: Appeal allowed. Acquittal set aside. Case remitted to the magistrate with a direction that he find a case to answer and proceed thereafter in accordance with law.
Cited by 1 case