THE QUEEN v. LAU HON TUNG

Mag. App. No. 21/90

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HEADNOTE

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SENTENCING - Disqualifications arising from conviction of charges of driving while disqualified and using a motor vehicle without third party insurance should be made concurrent as offences arising out of the same set of facts.

IN THE SUPREME COURT OF HONG KONG

(Appellate Jursidiction)

MAGISTRACY APPEAL NO. 21 OF 1990

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JUDGMENT

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1. The appellant pleaded guilty to a charge of driving while disqualified and was sentenced to 3 months' imprisonment suspended for 2 years and disqualified from driving all motor vehicles for a period of 12 months. He further pleaded guilty to a charge of using a motor vehicle without third party insurance and in respect to this offence, he was fined $500 and disqualified from driving all motor vehicles for a period of 12 months; the period of disqualification to be consecutive to the period of disqualification imposed on the 1st charge. He now appeals against the imposition of the suspended custodial sentence and against the order for consecutive disqualifications.

2. In respect of the 1st charge, the maximum penalty is a fine of $10,000 and imprisonment for a period of 12 months. The offence is a serious one and while the appellant has no previous convictions for similar offences, the magistrate was justified in deciding that the facts warranted a custodial sentence. He was further entitled to take into account the circumstances of the case and to suspend that sentence. I do not consider that the imposition of a suspended custodial sentence suspended for a period of 12 months to be manifestly excessive and would not allow the appeal in respect of that application.

3. It is a practice of the court to pass concurrent sentences for two offences arising out of the same facts. As the Crown quite properly concedes in this matter the two offences did arise from the same transaction, the offence of using a motor vehicle without third party insurance arose entirely out of the fact that the appellant was found to be driving while disqualified. In the circumstances, I am satisfied that the magistrate was wrong to impose consecutive disqualifications. I would allow the appeal to the extent that the 12 months disqualification imposed in respect of the 2nd offence shall run concurrently with the disqualification imposed in respect of the 1st offence.