CHAN MAN-HOI v. THE QUEEN
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CACC000308/1978
| IN THE SUPREME COURT | Criminal Appeal |
| 1978 No. 308 |
| BETWEEN: | ||
| CHAN Man-hoi | Appellant | |
| and | ||
| THE QUEEN | Respondent |
Coram: Briggs, C.J.
Date of Judgment: 13th May, 1978.
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JUDGMENT
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1. The appellant pleaded guilty to driving a private car for the carriage of passengers for hire and without third party insurance. He was fined $100 on the first charge and $320 on the second charge. In addition, he was disqualified from driving a private car for two years.
2. The appellant has had a run of bad luck and told the court that he needed the money since his wife had had a serious operation recently. This may be so, but to drive a private car for hire without third party insurance is a serious offence which may result, in the event of an accident, in dire consequences to any person who is injured.
3. The Motor Vehicle Insurance (Third Party Risks) Ordinance lays down a mandatory penalty of at least one year's disqualification for this offence.
4. In the present case, I think that a period of two years is excessive. I allow the appeal to the extent that the period of disqualification is reduced from two years to one year. It will date from the date of the sentence.
| (Geoffrey Briggs) | |
| Chief Justice. |
Representation:
Appellant in person
Kitchell for the Crown/Respondent