HKSAR v. LI TANG KI

DCCC563/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 563 OF 2010

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Reasons for Sentence

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1.  Defendant, I have found you guilty of careless driving after trial.

2.  You are 32 years of age and have no traffic convictions.  You have a number of fixed penalty offences for speeding below 30 but above 15 kilometres per hour.

3.  You were originally charged with dangerous driving causing death.  However, as Mr Luk, your counsel has mitigated just now before me, the majority of the prosecution case was admitted by you, and you had indicated to the court at the outset that you, in fact, were agreeable to plead guilty to an offence of careless driving.  This case proceeded as this plea was not accepted on the basis that you were driving dangerously. 

4.  I found that you had not paid a proper lookout when you had negotiated your turn that was on a blind corner.  Most unfortunately and importune, the deceased, Madam Ng, was pushing a handcart against the flow of traffic on a one-way road towards your direction at the blind corner.  I found you had deliberately negotiated a wider turn in view of the blind corner, but most unfortunately the car still came into contact with your vehicle, to which the cart then pushed Madam Ng over and resulted in her death. 

5.  I take into account all these factors when considering the most appropriate penalty to be imposed upon you.  Miss Sujinani, the counsel on fiat, has informed me that in the Magistrates’ Court, on a plea of guilty for careless driving, the usual penalty is one of a fine of between $800 and a $1,000. 

6.  Taking into account all the facts of this case and the fact that you had agreed at the outset to plead guilty and had admitted the majority, if not all the facts.  I consider a fine of a $1,000 to be appropriate.  I note this is a penalty which you receive for the offence of careless driving.  However that also means, defendant, you will have the automatic deduction, of five points, which I do not need to impose.  That is automatic.