CHEUK CHI-KEUNG v. THE QUEEN
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CACC000102/1978
| IN THE SUPREME COURT | Criminal Appeal |
| 1978 No. 102 |
| BETWEEN: | ||
| CHEUK CHI-KEUNG | Appellant | |
| and | ||
| THE QUEEN | Respondent |
Coram: Briggs, C.J.
Date of Judgment: 25th February, 1978.
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JUDGMENT
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1. The appellant, the driver of a public light bus, pleaded guilty in the court below to the charge of careless driving. He was convicted and fined $450. He was also disqualified from driving all vehicles for three months. He appealed against his conviction. He was not interested in the fine of $450 which, in my opinion, is a heavy fine but he was interested in the order for disqualification.
2. The act of careless driving consisted of pulling out from a pavement without looking properly which caused his public light bus to come in contact with another vehicle. No one was injured.
3. This is not a very serious offence of careless driving. The appellant has been licensed to drive since 1963 and has been a driver of a public light bus for several years. He appears to have had one previous conviction for careless driving and another conviction for some minor motoring offence. The fines imposed on those two occasions show that in neither case was the offence serious.
4. In the circumstances, I think the sentence of disqualification was an excessive punishment for the offence in question. So I ordered that the order for disqualification be set aside and to allow the appeal to that extent.
| (Geoffrey Briggs) | |
| Chief Justice. |
Representation:
Appellant in person
Duncan for crown/respondent