Yung Hon-ming v. The Queen
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CACC000905/1980
----------------- Coram: Roberts, C.J. Date of Judgment: 21st November, 1980. ----------------- JUDGMENT ----------------- 1. The appellant was disqualified from driving for 18 months after his conviction for various driving offences in January 1980. 2. In September, about half way through the period of suspension, he was twice stopped and charged with speeding. During the preparation of these cases it emerged that he was driving whilst disqualified. 3. He pleaded guilty and was sentenced to six months' imprisonment concurrent on each of two charges of driving whilst disqualified under section 25 of the Road Traffic Ordinance. 4. I agree with the magistrate that these are serious offences and that they warrant, in this instance, an immediate sentence of imprisonment. The only question which remains is whether the maximum penalty provided by law is appropriate. 5. The appellant has a clear record, apart from his driving. He is a menace on the road, and is better off it, for his own sake and for the protection of others. 6. But he is a man with a stable family life, who has worked at the same job for four years and earned a substantial salary. Through his counsel, he has expressed his deep regret at his stupidity. 7. I do not think that this is an example of the worst possible kind of conduct under section 25. 8. I therefore reduce the sentence of imprisonment on charges 1 and 3 from 6 months to 3 months. The other sentences will stand as will the order of disqualification for three years. Representation: Miss Mary Ho (Michael Jenkins & Au) for the appellant. Cagney for Crown. |