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CACC000444A/1984
IN THE COURT OF APPEAL
Criminal Appeal
No. 444 of 1984
BETWEEN
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The Queen
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and
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LEE Yiu-kwong (Dl) |
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WAN Kee-wong (D2) |
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Coram: Roberts, C.J., McMullin, V.-P. & Silke, J.A.
Date of hearing: 19th, 20th December, 1984.
Date of judgment: 11th January, 1985
Date of handing down: 6th February, 1985.
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JUDGMENT
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McMullin, V.-P. :
1. When we allowed the appeal of the first defendant, LEE Yiu-kwong, on the 19th December, 1984 and reduced the period of disqualification from 3 years to 9 months, we said we would give our reasons later. This was unfortunately overlooked at the time of delivery of judgment in the appeal against conviction and sentence in the case of the second defendant.
2. The Court was of the opinion that Lee, the driver, having received an immediate custodial sentence of 6 months, the period of disqualification was excessive. The Court took into account the following facts:
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(a) |
that the manner of the driving had been only marginally contributory to the accident, the driver taking pains to travel slowly and carefully;
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(b) |
the bus had been driven dangerously;
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(c) |
the first defendant's only skill, and the source of his livelihood, was his qualification as a driver;
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(d) |
there must inevitably have been some degree of economic duress in the sense that he would very likely have lost his job if he had refused to drive while overloaded, the discretion to refuse being on the evidence left with the headman and not the driver - he was in fact dismissed from the service of the 2nd defendant shortly after the accident. |
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Representation:
Mr. Desmond Keane, Q.C. & J. Lee (Jenkins & Au) for 1st Defendant.
Mr. J. Swaine, Q.C. & Miss J. Leong (W.I. Cheung & Co.) for 2nd Defendant.
Mr. G. McCoy & Mr. Ridgwey for Respondent/Crown.
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