HKSAR v. TAM WAI SHING

HCMA379/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL HCMA NO.379 OF 1998

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J U D G M E N T

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1. The Appellant pleaded guilty to reckless driving and on 19th March 1998, he was convicted and fined $5,000 and disqualified from driving for six months. When he pleaded guilty, he had appeared in person. On 30th March 1998, he appeared again with Counsel and initially sought a reversal of his plea of guilty. When that was refused, he, through his Counsel, sought a review of the sentence imposed. Counsel quite properly put forward all the mitigating factors in a bid to ask the Magistrate to review his sentence. Those mitigating factors were quite clearly considered by the learned Magistrate before he turned down the application for a review of the sentence.

2. He now appeals against sentence and the ground of appeal is that the learned Magistrate failed to give any, or any sufficient, consideration to all the relevant mitigating factors. Quite clearly after Counsel addressed the learned Magistrate on the review of the sentence, the mitigating factors must have been very much in the mind of the Magistrate when he refused the review application.

3. It is then said that the sentence which was imposed was manifestly excessive and/or wrong in principle. Offences involving reckless driving and knocking down pedestrians on a pedestrian crossing are extremely serious, accordingly they should be sentenced in accordance with the seriousness of that offence. The Courts, as the learned Magistrate pointed out, have a duty to protect pedestrians who are lawfully crossing the road on a pedestrian crossing. The message must also go out to all drivers that anybody who knocks down a pedestrian on a pedestrian crossing is looking at immediate suspension of his driving licence.

4. Sympathetic as I am that the suspension will no doubt cause some hardship to the Appellant's family, I cannot find any basis for saying that the sentence imposed by the learned Magistrate was manifestly excessive or wrong in principle. Accordingly the appeal is dismissed.