Leung Kwan-tun v. The Queen

CACC000036/1979

Coram: Briggs, C.J.

Date of Judgment: 10 February 1979

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JUDGMENT

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1. On 19th December, 1978 the appellant pleaded guilty to careless driving and was fined $500 and disqualified from holding a driving licence for three months. The disqualification was limited to taxis. The appellant appeals against his sentence. As a professional driver, he is particularly interested in the period of disqualification. He is not a taxi owner, he is employed.

2. The appellant ran into a pedestrian when the latter was crossing Argyle Street in Kowloon. It was very early in the morning and that portion of Argyle Street is straight with good visibility. Fortunately, the pedestrian was only slightly injured.

3. The appellant was undoubtedly guilty of careless driving although this is not a very serious case. The appellant is hard-pressed by financial difficulties and that fact was not brought to the attention of the court below. Also, that court was not informed of other matters of mitigation. It is only in a serious case of careless driving that a period of disqualification is imposed.

4. In this case the appellant did not apply to the court below to have the order of disqualification suspended until the hearing of this appeal. In the event, I think this is a case where the appeal should be allowed to the extent that the order of disqualification is set aside as from to-day's date.

Representation:

Appellant in person.

Ingham for the Crown/Respondent.