Read the full judgment text of CACC 000416/1979 on BabelCite. This Court of Appeal judgment was delivered on 25 May 1979 before Leonard, J..
Criminal law – sentencing – traffic offence – picking up passengers in restricted zone – fixed penalty notices – relevance of paid notices – disqualification – proportionality – professional driver – appeal against sentence – Roads and Signs Regulations reg. 18B(2) – Fixed Penalty (Criminal Proceedings) Ordinance s.3(8) – Road Traffic Ordinance Cap. 220 – magistrate erred in considering paid fixed penalty notices as evidence of prior offending – payment extinguishes liability to prosecution and does not constitute admission of guilt – disqualification excessive for minor offence without obstruction – fine reduced from $400 to $200 – disqualification discharged
Legal issues: Relevance of paid fixed penalty notices in sentencing · Proportionality of disqualification for minor traffic offence
Outcome: Appeal allowed; disqualification order discharged; fine reduced from $400 to $200.