IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. HCMA 1020 OF 1999
(On Appeal from NKCC 5051/99)
Coram: The Hon. Madam Justice Beeson in Court
Date of Hearing: 23 November 1999
Date of Judgment: 23 November 1999
J U D G M E N T
1. This Appellant was sentenced, after pleading guilty, in respect of three charges: Driving in Excess of the Speed Limit; Driving WhilstDisqualified and Using a Vehicle Without Third Party Insurance. In respect of the driving whilst disqualified, the Defendant wassentenced to 4 months imprisonment and against that sentence of imprisonment he now appeals. The maximum penalty for that offenceis 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. Thisoffence was committed only 9 months after Appellant had been given a suspended sentence of 2 months suspended for 36 months for anidentical 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 varyingthe sentence of imprisonment which was so properly passed. The appeal is dismissed.
Mr. P.K. Madigan, S.G.C. for D.P.P.
CHEUNG Sik-wai Terry, Appellant, in person