Sin Kit Sang v. HKSAR
Read the full judgment text of FAMC 30/2006 on BabelCite. This FAMC judgment was delivered on 25 July 2006.
1. In support of his application for leave to appeal against the conviction of dangerous driving causing death on the substantial and grave injustice limb, the Applicant relies on 3 grounds of appeal.
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FAMC No. 30 of 2006 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 30 OF 2006 (CRIMINAL) (ON APPLICATION FOR LEAVE TO APPEAL _______________ Between
_______________ Appeal Committee : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ Date of Hearing : 25 July 2006 Date of Determination : 25 July 2006 _________________________ D E T E R M I N A T I O N _________________________ Mr Justice Chan PJ: 1.In support of his application for leave to appeal against the conviction of dangerous driving causing death on the substantial and grave injustice limb, the Applicant relies on 3 grounds of appeal. 2.We are not persuaded that any of these grounds are reasonably arguable. 3.We are not satisfied that the trial magistrate had wrongly misused the Road Users' Code or wrongly admitted or relied on the evidence of the expert witness called by the prosecution or that the magistrate was not entitled on the evidence to find that the applicant's driving fell far below that of a competent and careful driver and that it would be obvious to such a driver that such manner of driving was dangerous in the circumstances. The application is dismissed.
Mr Daniel Marash, SC (instructed by Messrs Hau, Lau, Li & Yeung) for the Applicant Miss Mary Sin (of the Department of Justice) for the Respondent |