Read the full judgment text of DCCC 820/2008 on BabelCite. This District Court judgment was delivered on 21 January 2009 before S. D'Almada Remedios.
Criminal law – dangerous driving causing death – Road Traffic Ordinance (Cap 374) s.36(1) – excessive speed in 50 km/h zone – failure to stop at amber traffic light at pedestrian crossing – death of 27-year-old pedestrian – prior traffic offence record – guilty plea on first day of three-day trial – whether starting point of 18 months appropriate – whether discount for guilty plea and genuine remorse warranted – driving disqualification. The defendant drove his private car on Castle Peak Road near Lingnan University at 74-90 km/h in a 50 km/h zone, approaching a pedestrian crossing next to the university main campus. The traffic light facing him turned amber and then red, but he failed to stop and struck pedestrian Lam Yuk-yung, aged 27, who was crossing the road, causing her death from multiple injuries. Five eyewitnesses gave various speed estimates; the accident reconstruction placed the speed between 74 and 90 km/h. The defendant admitted driving at about 70 km/h and claimed the light was green. He had a traffic offence record dating from 1998 including three careless driving convictions. He was rushing to meet his girlfriend in Tsim Sha Tsui at the time. Whether the starting point for sentence should be 18 months' imprisonment given the deliberate nature of the speeding, the failure to stop at the amber light, the prior traffic offence record, and the fatal outcome at a pedestrian crossing near a university and school – held: yes, 18 months is appropriate, applying Au Yeung Kwok Kin and Poon Wing Kay, which established that past sentences were too lenient and a clear deterrent message should be sent. Whether a discount for guilty plea and genuine remorse should reduce the sentence – held: yes, a one-third discount applies, reducing the sentence to 12 months' imprisonment. Whether a driving disqualification should be imposed – held: yes, 3 years' disqualification. The defendant was convicted on his plea of guilty, sentenced to 12 months' imprisonment, and disqualified from driving for 3 years.
Legal issues: Starting point for sentence for dangerous driving causing death · Discount for guilty plea and genuine remorse · Driving disqualification period
Outcome: Defendant convicted on his own plea of guilty to dangerous driving causing death and sentenced to 12 months' imprisonment with 3 years' disqualification from driving.
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