Cheung Man Hon v. The Queen

CACC000498/1973

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 498 OF 1973

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Coram: Pickering, J.

Date of Judgment: 30th July, 1973.

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JUDGMENT

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1. The appellant, a taxi driver, was convicted of the offence of careless driving and fined $300, ordered to pay costs of $50 and had his driving licence endorsed. The appeal is against sentence, Mr. Howell, appearing on his behalf, having frankly and promptly volunteered that he could not argue the appeal against conviction.

2. The facts were that at about 11 p.m. a motor cyclist was driving west along Prince Edward Road in the centre lane near the Choi Hung Estate when the appellant's taxi, which had been in the outer lane, swerved into the centre lane and came into contact with the foot-rest of the motor cycle. The motor cyclist was able to control his vehicle sufficiently to avoid a fall. The reason for the swerve from the outer to the centre lane appears to have been that road works partly blocked the outer lane.

3. Mr. Howell urged upon me that this was the appellant's first offence in more than five years of driving, the last two of which had been spent in driving taxis; endorsement was a serious matter for a professional driver, constituting a handicap should he wish to change his job and the fine was, in any event, high for a first offence of careless driving.

4. Mr. Duckett, for the Crown, with characteristic fairness, assisted me considerably by bringing to my notice the fact that endorsement, upon a first offence where that offence was careless driving, was unusual and, having made enquiries, he was further able to tell me that the fine attracted by a first offence of careless driving was usually in the region of $70 to $150. Mr. Duckett conceded that this was not a bad case of careless driving.

5. My reaction to that last proposition is that it could have been. Motor cycles are notoriously unstable vehicles and a slightly more severe impact or one in a slightly different position on the machine, might have dismounted the motor cyclist.

6. Taking all the circumstances into account, the appeal against conviction is dismissed, that against sentence is allowed and the fine of $300 is set aside and replaced by one of $125. The order for endorsement of the appellant's driving licence is also set aside.

Representation:

Howell of Gunston & Chow for appellant

Duckett, S.C.C., for respondent.