YIP SHUT v. THE QUEEN

CACC000665/1977

IN THE SUPREME COURT Criminal Appeal
1977 No. 665

BETWEEN:
YIP Shut Appellant
and
THE QUEEN Respondent

Coram: Briggs, C.J.

Date of Judgment: 23rd July, 1977.

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JUDGMENT

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1. The appellant pleaded guilty to driving a public car carelessly on February 5th, 1977. He was sentenced to a fine of $150 and disqualifiedfor a period of one year, the disqualification to apply to all types of vehicles. The magistrate ordered the disqualification tobe suspended pending the determination of this appeal.

2. The appellant knocked down two girl pedestrians who were crossing a road. The accident occurred at about 8.10 p.m. The street waswell-lit at the time and the pedestrians were on a pedestrian stud crossing.

3. The appellant has a record of previous convictions for traffic offences. They include one for dangerous and one for careless drivingand three for driving without third party insurance. All those cases occurred during the last few years.

4. I think that the magistrate was in some doubt as to the appropriate period of disqualification otherwise he would not have suspendedhis order until the determination of this appeal. In my view, taking into consideration that the appellant earns his living by driving,a period of six months’ disqualification is adequate. I therefore allow the appeal to the extent that the period of disqualificationshould be six months and not twelve months and that period will commence to-day.

(Geoffrey Briggs)
Chief Justice.

Representation:

Appellant in person.

Adams for crown.