The Queen v. Chan Choi Man

HCMA000057/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.57 OF 1996

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Coram : Hon Duffy, J. in Court

Date of hearing : 27 February 1996

Date of handing down judgment : 1 March 1996

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J U D G M E N T

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1. This was an appeal against sentence. The Appellant was convicted on his own plea of driving while disqualified, driving without third party risk insurance and driving in excess of the speed limit. The sentences were respectively one month's imprisonment, disqualification for 12 months and a fine of $3,000 and a fine of $500. The Appellant appealed mainly against the term of imprisonment.

2. He was certainly in dire financial circumstances at the time of the offence, being a taxi driver and just having been disqualified, he had lost his livelihood. He told me on the appeal that when the disqualification order was imposed there was one week left to run on the lease of the taxi, that if he did not operate the taxi he would have to forfeit $280 on a daily basis, and that is why he committed the offence. I accepted that. He told me also that he was now receiving public assistance of just over $5,000 per month. His two sons, aged 11 and 15, were in court. The Appellant is the sole supporter of the children.

3. I felt that as an act of mercy in a case of this nature, I could suspend the prison sentence, which I did. The appeal was therefore allowed to the extent that the one month's prison sentence was suspended for 12 months. Otherwise the penalty remained the same.

Representation:

Mr Leung Kit Wai, S.C.C., for Crown

Appellant (Chan Choi Man) in person

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