Lau Ching-wah v. The Queen

CACC000623/1973

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 623 OF 1973

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Coram: Cons, J.

Date of Judgment: 21 August 1973

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JUDGMENT

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1. The appellant was convicted of careless driving. While proceeding along the centre lane of a three lane carriageway, she wandered slightly into the near side lane and collided, albeit gently, with a stationary bus. It appears she was distracted by a driver behind sounding his horn either to give warning that he was about to overtake or to encourage her to proceed at a somewhat faster pace. Although she had filed notice of appeal against conviction as well as sentence her solicitor abandoned the former at the hearing. That appeal was therefore dismissed.

2. It is the appellant's first offence of any kind since acquiring her licence in November 1971. She was fined $250, her licence ordered to be endorsed and disqualified for four months. Complaint was made only as to the order for disqualification. It was submitted that it was unusual and excessive. With that submission I agree. It was not a serious case of careless driving and to my mind disqualification would be too heavy a punishment. The fine imposed was appropriate and sufficient. The appeal against sentence was therefore allowed to the extent of removing the order for disqualification.

Representation:

Mr. Stapp, Sr. C.C. for Respondent

Mr. John Ip of John Ip & Co. for Appellant.