Wun Yin Fun v. The Queen

CACC000414A/1971

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 414 OF 1971

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Coram: Pickering, J.

Date of Judgment: 13th August, 1971.

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JUDGMENT

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1. The appellant was convicted of careless driving and fined $100 as well as being disqualified from holding or obtaining a licence to drive a taxi for a period of one month. The disqualification was suspended pending the outcome of this appeal.

2. As in Criminal Appeal 403 of 1971, an appeal from the same learned magistrate, this was not a really bad case of careless driving and the magistrate himself was of the view that the pedestrian complainant, who was knocked down, was guilty of contributory negligence.

3. In the case of Reg. v. CHEUNG Chi-shing⁽¹⁾, my learned brother, Blair-Kerr said:

"          Disqualification is primarily for the protection of the public, but it also operates as a very severe penalty, especially in the case of a professional driver."

4. I agree and I do not consider that the facts of this case merited "a very severe penalty" in the case of this professional driver. Although the appeal against conviction fails, that against sentence succeeds to the extent that the fine of $100 and order of disqualification are set aside and a fine of $400 substituted.

Representation:

Burnett (Gunston & Chow) for the Appellant.

Crown Counsel for the Respondent.

(1) 1964 H.K.L.R. p.1 at p.5.