Yip Chun Wah v. The Queen

CACC000425/1980

Coram: Roberts, C.J.

Date of Judgment: 18 June 1980

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JUDGMENT

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1. Yip Chun Wah pleaded not guilty to a charge of careless driving but was convicted.

2. His lorry was parked some feet in front of a private car, both vehicles being close to the left-hand kerb.

3. A woman crossed the road from right to left and walked through the gap between the two vehicles.

4. The magistrate found that, as she did so, the defendant's vehicle reversed and crushed her against the private car, causing her some personal injury.

5. The magistrate imposed a fine of $400 and disqualified him from driving for a period of three months.

6. The magistrate said that one of the factors which he took into account was that the defendant had not admitted his guilt and had given evidence attempting to throw the blame for the accident on the driver of the private car.

7. The magistrate very fairly expressed the view, in his Statement of Findings that if it had not been for these factors, he was not sure as to whether or not he would have imposed the disqualification.

8. During the appeal, the defendant informed me that he intended to plead guilty but had been told by his insurance company that, if he did so and was convicted, he would have to meet any claims that might be made against him without the insurance company's assistance.

9. I was prepared to accept, in the defendant's favour, that he had been told this, though I reached no finding that this had in fact happened.

10. It seems to me likely that had the magistrate been told this and been prepared to accept it, that he would not have disqualified him.

11. In these circumstances, I think it proper to remove the disqualification but not to interfere with the fine.

Representation:

Appellant in person

Martin for the Crown/Respondent