HKSAR v. Guelben Yasin Arif Alper

HCMA 604/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 604 OF 2013

(ON APPEAL FROM ESS 25050 OF 2013)

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J U D G M E N T

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1.This is an appeal against sentence, the sentence being a fine of $1500 and an order that the Appellant attend and complete a driving improvement course within three months, such sentence having been imposed in respect of a charge of careless driving to which the Appellant had pleaded guilty in the Magistrates Court.

2.The Magistrate’s reasons for imposing that sentence appear in the last three paragraphs of the Magistrate’s Reasons for Sentence in which this is said:

“2. In accordance with the facts as admitted by the Appellant, he, as a driver, disobeyed a red traffic light signal and turned into a road the pedestrians on which had to avoid being hit by his car.

3. In Chan Sum Chiu (which bore similar facts), the sentence (imposed upon conviction after trial) of (i) a fine of $4000, (ii) disqualification of driving licence for 3 months and (iii) DIC was upheld on appeal with emphasis being placed on the dual factors, namely, jumping red light and impediment of pedestrians.

4. In this case, I took into account of the guilty plea, the previous good record and all relevant mitigating factors. I am of the view that the sentence imposed is appropriate.”

3.It is complained that the sentence is too severe. I can well understand why the Appellant does not want to have to attend and complete a driving improvement course. In my view, however, the Magistrate was justified in the interest of public safety, which includes the Appellant’s own safety, in ordering him to attend and complete such a course.

4.In the result, I see no basis for disturbing the sentence, and dismiss the appeal.

The appellant appeared in person

Mr Franco Kuan, of the Department of Justice, for the respondent