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DCCC 555/2018
[2018] HKDC 1429
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 555 OF 2018
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| Before: |
HH Judge Casewell |
| Date: |
30 October 2018 at 10.34 am |
| Present: |
Mr Neil Mitchell, Counsel on fiat, for HKSAR |
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Mr Roy Lau, instructed by Francis Kong & Co, for the defendant |
| Offence: |
Causing grievous bodily harm by dangerous driving (危險駕駛引致他人身體受嚴重傷害) |
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Reasons for Sentence
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1. The defendant has been convicted after trial for an offence of careless driving. He did face a more serious charge but I found that not to be made out on the evidence.
2. As to the offence, the definition of the offences makes clear this is a case of inattention, and this must be combined to a certain extent with the driving history of the defendant I had seen presented by the prosecution. In a short period of some four years, the defendant has committed a number of fixed penalty offences, but they do show a lack of attention in his driving.
3. I do think that the level of the defendant’s culpability in this case can be dealt with by way of fine, financial penalty, but the defendant will have to have a period of disqualification as well.
4. He is 32 years old, lives at home with his parents; is involved, to a certain extent, with the care of his sister. He works for PCCW and earns something around about $10,000 a month.
5. There are no particularly pressing reasons why I should not impose disqualification here. He lives in Lai Chi Kok; public transport is available.
6. There will be a fine of $5,000 and a disqualification of 12 months. The defendant must take and complete a driving improvement course within the last three months of that period of disqualification if he wishes to drive again.
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(T Casewell)
District Judge |
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