PETER MONTGOMARY WHYTE v. THE QUEEN

CACC000191/1972

 

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

 

CRIMINAL APPEAL NO. 191 OF 1972

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BETWEEN	Peter Montgomary Whyte	Appellant
	and
	The Queen	Respondent

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Coram: Mr. Justice Leonard in Court.

Date of Judgment: 27th April, 1972.

 

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JUDGMENT

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1. This is an appeal against sentence the appellant having in the Court below been fined $40 for speeding. He was caught at a radar check point at Wong Chuk Hang Road. He tells me that although he pleaded guilty in the Court below before the learned Justices, he indicated to the Court below that when driving along the road in question, he passed a sign indicating that there is no speed limit. Apparently there was a further sign reimposing the speed limit which he also passed but which he did not see because it was secured by trees which have since been out back. He said that he was driving along a double lane highway divided in the centre at the time and that there was no other traffic in the immediate vicinity although he had passed a truck before coming to the check point. He further said that there was nothing in the speed at which he was going to lead him to believe that it was in any way unsafe. From his manner and demeanour I would judge him to be a person who habitually drives very carefully and it is more the convictior than the extent of the fine that troubles him. There is nothing in the record to indicate that he informed the Justices that the sign was obscured by trees. He tells me that he did but that the justices were extremely busy when he came before them. This I can well believe and the circumstances I think that justice will be met by my taking action under section 36 of the Magistrates' Ordinance and granting him an absolute discharge.

 

Representation: