Kwok Kam Wah v. The Queen

HCMA000090/1988

IN THE HIGH COURT OF HONG KONG

( APPELLATE JURISDICTION )

MAGISTRACY APPEAL NO. 90 OF 1988

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BETWEEN

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Coram: de Basto, J.

Date of Hearing: 12th February, 1988.

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J U D G M E N T

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1. The appellant was convicted of careless driving and was sentenced to 3 months' imprisonment and disqualified from holding or obtaining a driving licence for one year. He appealed against the sentence.

2. The appellant is aged 24 and has a clear record. The evidence of PW1 was that he intended to cross the stud-crossing but when he saw the appellant's car coming he decided to let him pass and he said, in effect, he was surprised that the deceased did try to cross at that time. This evidence, which is not disputed, I think very significant.

3. I was told by Counsel for the Crown that he knew of no cases brought by summons for careless driving for an accused to be given an immediate custodial sentence even in cases causing death. On the particular facts of this case especially in view of PW1's evidence I think the sentence was manifestly excessive. The appeal is allowed. I therefore suspend the sentence for a period of two years and fine the appellant $2,000. The order for disqualification to remain.

Representation:

Mr L.D.F. Coghlan, Senior Crown Counsel for Crown.

Mr Jimmy KWONG instructed by Messrs. William Sin & So for appellant.