DAO SUNG CHUEN v. THE QUEEN
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CACC000868/1973
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 868 of 1973
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| BETWEEN | ||
| DAO SUNG CHUEN | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins, J.
Date of Judgment: 14th December 1973.
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JUDGMENT
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1. The Appellant appeals against a sentence of a fine of $400 and disqualification for six months for dangerous driving.
2. The facts are disturbing. The Appellant drove his motor-car away from a restaurant on to a dual carriage-way road. There was a traffic island down the middle of this road and, apparently, no gap in it at this partioular place. Not deterred by that he drove straight across the carriage-way nearest to him, over the traffic island and into the far carriage-way. As he crossed the first carriage-way he apparently obstructed traffic coming from his right and as he went over into the other carriage-way he caused a lorry to brake sharply in order to avoid an accident and to come to a halt. That was a very serious piece of bad driving.
3. The only thing that worried me when I first read these papers was that there had apparently been no inquiry as to the means of this Appellant before the fine of $400 was imposed. My doubts are now put at rest because in this appeal, which is substantially an appeal against the order for disqualification, it has been suggested by counsel that a heavier fine might replace the order for disqualification. Therefore there can be no doubt as to the means of this Appellant to pay a fine of $400.
4. In my view the learned magistrate was fully entitled to take the view that he did that this was a deliberate act done without any consideration whatsoever for other traffic. It was one which might easily have caused a fatal accident. In those circumstances, in my view, a period of six months' disqualification cannot, in any way, be said to be unreasonable and perhaps the Appellant is lucky that it was not one of twelve months or longer. The fact that he requires his motor-car for business in travelling between Tsuen Wan and Kowloon is not a matter which, in my view, is of any great weight. The important thing is that he is obviously a driver who, if he continues to behave like this, is going to be a menace on the road and he should be kept off the road.
5. The appeal is dismissed.
14th December 1973.
Representation: