Man Kam-pui v. The Queen

CACC000966/1976

Coram: Briggs, C.J.

Date of Judgment: 6th October, 1976.

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JUDGMENT

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1. The appellant pleaded guilty to the offence of careless driving and was sentenced to a fine of $400 and an order for disqualification from driving all types of vehicles for a period of twelve months. He appeals against that sentence.

2. The appellant is a driver of a goods vehicle, having obtained his licence in December of last year. On the 24th April, 1976, he was driving his vehicle down Magazine Gap Road, near Grenville House, where there is a hair pin bend, when he collided with a car which was being driven up the road. The driver of the car had time to stop so as to avoid a more serious collision than that which actually occurred.

3. There can be no doubt that the appellant was driving his vehicle in an extremely careless manner. He was going too fast and also, he was well across the double-white line in the middle of the road. However, I think the period of disqualification for twelve months for the offence of careless driving is exceptionally severe. Normally, for such an offence, the period of disqualification is about half that amount.

4. The appellant is the sole support of his family and he is a professional driver, albeit one of very little experience. He expressed his regret for the accident which had occurred and respectfully addressed the court himself in mitigation. He has a clear record, in the widest sense of that phrase. In the circumstances, I allow this appeal to the extent that the order for disqualification be reduced to a period of six months to run from the date of conviction, which was the 19th August, 1976. The fine of $400 is to stand.

Representation:

Appellant in person.

Miss Beeson for the Crown.