LEE WOON SUN v. THE QUEEN

CACC000647/1980

IN THE SUPREME COURT
	Criminal Appeal
	1980, No. 647

BETWEEN
	LEE WOON SUN	Appellant
	and
	THE QUEEN	Respondent

Coram: Barker, J.

Date of Judgment: 15th August, 1980.

 

-----------------

JUDGMENT

-----------------

 

1. The appellant appeals against sentences imposed upon him at the San Po Kong Magistrate's Court on the 16th July 1980 namely

	(a)	For Driving whilst disqualified, 6 months' imprisonment
and	(b)	For Driving without third party risk insurance, 6 months' imprisonment,

the sentences being ordered to run concurrently and he was disqualified from holding or obtaining a driving licence for 3½ years.

2. The Appellant is a man who pays scant regard to the Road Traffic Laws. On the 21st January 1980 he was disqualified for holding or obtaining a driving licence for 12 months, his offence being driving without third party risk insurance. On the 5th May 1980 for driving whilst disqualified he was fined $1,000 and disqualified for 2 years, and for driving without third party risk insurance he was fined $500 and then on the 28th June 1980 he committed the offence the subject of this appeal.

3. In my judgment, in these circumstances there must be a sentence of imprisonment to take immediate effect. Nevertheless, a sentence of 6 months' imprisonment is the maximum that can be awarded for the offence of driving whilst disqualified, and although this is a bad case, it is possible to envisage worse. The sentence for the offence of driving whilst disqualified will therefore be reduced to 3 months' imprisonment. The offence of driving without third party risk insurance arose out of the former offence and in these circumstances the sentence in respect of that offence will also be reduced to one of three months' imprisonment. Both the sentences are to run concurrently. The period of disqualification will remain the same.

 

Representation:

L.H. Kwan of Kwan & Kwan for appellant

Alderdice for Crown/Respondent