LAM CHOI v. THE QUEEN

CACC000526/1976

  

IN THE SUPREME COURT
	Criminal Appeal
	1976 No.526.

 

BETWEEN:
	LAM Choi	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 29th May, 1976

  

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JUDGMENT

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1. The appellant was found guilty of careless driving and sentenced to a fine of $10 and an order was made disqualifying him from holding or obtaining a driving licence for all vehicles for twelve months. He appeals against his conviction and sentence.

2. The appeal against conviction has been dismissed. There was ample evidence before the magistrate which, if believed, would inevitably result in a conviction.

3. The appellant is a driver of a public light bus and has had a licence since 1968. The offence itself, though definitely a case of careless driving, was not as serious as many other cases. The appellant's livelihood is at stake in this case. He has a previous record which, on paper, sounds very serious. Since 1972, he has been convicted on 23 occasions but no less than 16 of these are convictions for the offence of picking-up and setting-down passengers at places where it is prohibited to do so. He has only been found guilty of one case of careless driving and, in that case, no disqualification was imposed.

4. In the event, I think that the period of disqualification of twelve months is excessive and I allow the appeal to the extent and that extent only that the period of disqualification of twelve months is reduced to a period of disqualification of six months, the period to run from the date imposed by the magistrate.

  

  

	...(illegible)
	(Geoffrey Briggs)
	Chief Justice.

  

Representation:

Hampton (G. Hampton & Winter) for appellant.

Wilfred Lee for crown.