Wong Shing-ki v. The Queen

CACC001079/1978

Coram: Briggs, C.J.

Date of Judgment: 29th November, 1978.

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JUDGMENT

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1. The appellant was found guilty of dangerous driving and fined $500 and disqualified from driving a public light bus for six months. The date of the sentence was the 26th October, 1978. He appealed against his conviction and sentence.

2. At the hearing of the appeal he told the Court that he admitted that he had committed the offence but he wished to appeal against the period of disqualification.

3. The appellant, at the time of the commission of the offence, was the driver of a public light bus. Two women police constables stopped the appellant when he was driving and proceeded to take down particulars. They were standing in front of his public light bus and were copying out Particulars of the licence. Suddenly the public light bus lurched forward and fortunately, the two women police constables were able to jump out of the way. This could not have been accidental and might have resulted in serious injuries to the two constables.

4. Counsel for the Crown told the court that he had received instructions that he would not oppose a reduction in the period of disqualification.

5. In my view, the appellant was rightly convicted but I think the period of disqualification is too long. It must be remembered that the appellant earns his living as the driver of a public light bus. It is more than probable that the offence was caused by his pique at having been stopped by the women police constables. In the event, I think that justice would best be done if the appeal be allowed to the extent that the period of disqualification is reduced to allow it to be terminated as from to-day.

Representation:

Appellant in person

Hodge for crown