HKSAR v. CHEUNG SIK WAI TERRY

HCMA 1020/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. HCMA 1020 OF 1999

(On Appeal from NKCC 5051/99)

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J U D G M E N T

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1. This Appellant was sentenced, after pleading guilty, in respect of three charges: Driving in Excess of the Speed Limit; Driving Whilst Disqualified and Using a Vehicle Without Third Party Insurance. In respect of the driving whilst disqualified, the Defendant was sentenced to 4 months imprisonment and against that sentence of imprisonment he now appeals. The maximum penalty for that offence is a fine of $10,000 and imprisonment for 12 months.

2. The Magistrate in sentencing took all matters into consideration and he also noted this Appellant's shocking driving record. This offence was committed only 9 months after Appellant had been given a suspended sentence of 2 months suspended for 36 months for an identical offence. That suspended sentence was activated, as it should have been, and ordered to run consecutively to this sentence. Clearly Appellant adopts a cavalier attitude both to road regulations and the penalties imposed on him by the court.

3. Having examined the Magistrate's Reasons for Sentence I can see no justification for either allowing this appeal, or for varying the sentence of imprisonment which was so properly passed. The appeal is dismissed.