Li Chi-ko v. The Queen

CACC000556/1970

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 556 OF 1970

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Coram: Full Court. (Mills-Owens J. Huggins J. and Pickering J.)

Date of Judgment: 1 December 1970

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JUDGMENT

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1. The appellant who is a young man of 21 years of age, appeals against a sentence of 3 months imprisonment on a conviction for dangerous driving causing death.

2. Essentially, it is a case of driving in reckless disregard of the safety of the passengers which he had with him in the car, by driving at over 40 m.p.h., in the dark, on a wet, narrow and winding road - with the result that he lost control of the car which overturned, pinning one of the passengers, a young woman, underneath. She died shortly afterwards from the injuries she thus received.

3. Ovviously the manner of the driving of the appellant was such as to put his passengers in a state of fear or anxiety for their own safety. Twice, one of the passengers, who was the owner of the car, called upon the appellant to modify his speed and manner of driving; on the second occasion, he (the owner) called upon the appellant to let him take over the wheel.

4. We regard it as a bad case and we cannot say that a sentence of 3 months imprisonment is wrong or excessive, in the circumstances. Such cases, clearly, involve the public interest and the courts are entitled to have regard to the element of deterrence in imposing sentence in such cases.

5. For these reasons the appeal is dismissed.

Representation:

Mr. S. K. S. Leung for Appellant.

Mr. C. Wong on fiat for Crown/Respondent.

Oral Judgment reduced into writing.