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Criminal Appeal1971

LEE PING LAI v. THE QUEEN

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3937-EN-1971-08-31

LEE PING LAI v. THE QUEEN

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CACC000403/1971

 

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

 

CRIMINAL APPEAL NO. 403 OF 1971

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BETWEEN
LEE PING LAIAppellant
and
THE QUEENRespondent

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Coram: Pickering, J.

Date of Judgment: 31st August, 1971.

 

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JUDGMENT

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1. The appellant was convicted of careless driving and fined $100. It was also ordered that his driving licence be endorsed and that he be disqualified from holding such a licence for a private car for a period of one month, the disqualification being suspended pending the outcome of this appeal.

2. There is little to be gained from an examination of the facts since no two cases of careless driving are precisely alike and each must depend upon its own facts. I think it sufficient to say that this was not a bad case of careless driving and that, in my opinion, having regard to the appellant's clear motoring record over a period of ten years, the sentence of disqualification - always a severe sentence, whatever its length - was somewhat harsh.

3. The appeal against conviction is dismissed but that against sentence is allowed to the extent that the order for disqualification is set aside.

 

Representation:

Goodbody (H.H. Lau & Lo) for appellant.

Niamatullah, C.C., for Crown.