HKSAR v. TAUB VANESSA LEE

HCMA400/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 400 OF 2008

(ON APPEAL FROM ESS 11259 OF 2008)

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J U D G M E N T

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1.  This is an appeal against a sentence limited to the disqualification of 12 months that was imposed following a plea of guilty to using a motor vehicle on a road without having a policy of insurance in force.

2.  The facts that gave rise to it arose out of an unfortunate domestic situation in the Appellant’s life.  She had been going through a very difficult divorce and she has addressed me today about all the problems that caused her.  I accept what she tells me.  It was a difficult time for her.  By the look of it, her husband was being very    unco-operative.  He had kept all the family documents.  It was causing her problems.  She did not have enough money and she was focused on trying to get by on a very slim income compared with what she had enjoyed before in the course of the marriage, continuing to drive the family company car to take her children to school. Because she did not have the money and because the husband had the documents an issue about the continued use of the company car arose and the Appellant very frankly tells me today that of course she questioned her husband about it, asking its status.

3.  In the Magistrates’ Court - and I know this from the reasons for sentence - the magistrate had the impression that she had actually asked her husband to insure the car and he refused, and that she did not renew it herself and therefore was knowingly driving without being insured.  Today, the Appellant says that it was a very busy court, she was flustered and the like and it was not quite like that.  However, she honestly concedes that she knew there was a risk that the vehicle was not insured, but nonetheless because of the difficult circumstances, went on to take that risk.

4.  Of course, general mitigating factors cannot help reduce the disqualification here.  There have to be special reasons and they have to relate to the commission of the offence.  Whilst I would like to help the Appellant, I cannot find that there are special reasons.  If someone knows there is a risk that the vehicle is not insured, but carries on driving it in circumstances like this, then special reasons simply will not run.

5.  I cannot allow the appeal and it will have to be dismissed.