Bernhard Sengen v. The Queen

CACC000373/1975

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 373 OF 1975

-----------------

Coram: Briggs, C.J.

Date of Judgment: 4th July, 1975.

-----------------

JUDGMENT

-----------------

1. The appellant pleaded guilty by post to driving a private car over a continuous double white line in a carriageway in the New Territories. He was sentenced to a fine of $250.

2. There was no evidence that anyone was hurt or inconvenienced in any way and there was no evidence before the magistrate other than the bare plea of guilty. The appellant in his letter to the magistrate stated that he was on a sightseeing tour in the New Territories and when passing through Taipo Road there was a tremendously strong downpour and he was of the opinion that the offence was not unconnected with this circumstance.

3. In my view, the fine of $250 was excessive and I allowed the appeal to the extent of reducing the fine to $75.

Representation:

Appellant in person.

E. Soh for crown.