CHOW CHIU-FAI v. THE QUEEN

CACC000015/1978

IN THE SUPREME COURT Criminal Appeal
1978 No. 15

BETWEEN:
CHOW Chiu-fai Appellant
and
THE QUEEN Respondent

Coram: Briggs, C.J.

Date of Judgment: 6th February, 1978.

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JUDGMENT

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1. The appellant was found guilty of careless driving and appealed against his conviction and sentence. I dismissed the appeal againstconviction.

2. The facts of the case were that on June 7th, 1977 just after noon, the appellant drove a public light bus in such a manner that hecaused a police constable, who was giving a signal for him to stop, to jump out of the path of the oncoming vehicle. At the timethe vehicle was travelling under 15 m.p.h. The magistrate sentenced the appellant to a fine of $500. In addition, he was disqualifiedfrom driving all vehicles for six months, and public light buses for twelve months.

3. The circumstances of this case show that this was not a serious case of careless driving. In addition, the appellant has been a professionaldriver for eleven years, during seven of which he has been driving a public light bus. His record shows that the has only one previousconviction for careless driving; that was in 1976 and it could not have been of a serious nature since he was only fined $150 andno order for disqualification was made. He has been found guilty of four other very minor traffic offences.

4. In the circumstances, I think it is unnecessary to impose a period of disqualification in this case. The fine of $500 is a heavyfine, but that will remain. The appeal against sentence will be allowed to the extent that the period of disqualification imposedby the magistrate will be set aside.

(Geoffrey Briggs)
Chief Justice.

Representation:

Kotewall (Hastings & Co.) for appellant

Miss Harriss for crown/respondent