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DCCC 945/2020
[2021] HKDC 935
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 945 OF 2020
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| Present: |
Ms Diane Crebbin, counsel on fiat, for HKSAR |
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Ms Ko Cho-wing Stephanie, instructed by Wong & Co, for the defendant |
| Offence: |
Causing grievous bodily harm by dangerous driving (危險駕引致他人身體受嚴重傷害) |
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Reasons for Sentence
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1. By way of mitigation, your counsel, Ms Ko, has put in a very comprehensive mitigation in writing. She has highlighted all factors. I agree with her observation that the only aggravating factor is the physical condition of the injured person as a result of the traffic accident caused by you.
2. I understand that you have a clear criminal record. And you passed the driving test and obtained your provisional driving license in November 2019. So on the date of the accident, 22 April 2020, you were actually a very inexperienced driver.
3. The victim only regained consciousness five days after the accident. One month after the accident, she could walk without aid. She was hospitalised for 37 days, and upon discharge, she was granted sick leave for 86 days. I understand from the prosecution that now she can walk in a normal way but she still has to take pain killers. And you have to be thankful to her because she is young, 26 years of age.
4. I have considered the option of community service order, but upon hearing that you are involved in another criminal matter which will have you detained for some time, so community service order is not a viable option. Your counsel, Ms Ko, has asked me to adopt the practical course of a term of imprisonment. I think that is the only thing I can do in the circumstance.
5. I take 9 months as the starting point. As you have indicated through your solicitor that you are going to plead guilty about a month before today, that will give you a discount of, well, more than 20 per cent. So I am going to reduce your sentence by 2 months. That presents a 22 per cent discount. The sentence is 7 months.
6. By way of disqualification, it is a mandatory order. I am going to disqualify you for 2 years. You are not to drive any vehicle. I understand that includes a learner's licence for other types of vehicles.
7. You have to understand that if you drive without a licence, that is going to be a very serious offence and you will end up behind bars. I am not going to ask you to be re-tested. I think that is not yet the case that warrants it.
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