Lee Kam To v. The Queen

CACC000430/1980

Coram: Roberts, C.J.

Date of Judgment: 18 June 1980

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JUDGMENT

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1. The defendant pleaded guilty to causing another person to use a motor vehicle on the road without third party insurance. He was fined $1,000 and disqualified for a period of 12 months.

2. The defendant gave evidence before the magistrate that the car had only belonged to him for about a week and that when it was transferred to him, a friend of the previous owner (Mr. Suen) told him that the car was covered by insurance.

3. He added that Mr. Suen had put the car in a garage for repair and had handed the insurance documents to the garage company.

4. The magistrate mentions this evidence in his Statement of Findings but does not say whether or not he accepts it.

5. On the assumption that he did, it seems to me, though not without hesitation, that a belief by a defendant that an insurance policy is still in force, does amount to "special reasons" for not imposing a disqualification, if the defendant's belief was based on reasonable grounds.

6. I thought that his belief could be so described and accordingly removed the disqualification imposed by the magistrate but did not interfere with the fine.

Representation:

Appellant in person

Martin for the Crown/Respondent