THE QUEEN v. CHAN CHIK-SUM

HCMA001177/1986

IN THE SUPREME COURT	1986 NO.1177
MAGISTRACY APPEAL	(Criminal)

BETWEEN:

THE QUEEN AND CHAN CHIK-SUM

Coram: Roberts, C.J.

Date: 17th December, 1986.

Date of Handing Down: 30th December, 1986.

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JUDGMENT

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1. The appellant was convicted of two charges of permitting a vehicle to be driven without a driving licence and of permitting a vehicle to be used without third party insurance.

2. The appellant earlier appealed against both conviction and sentence but withdrew his appeal against conviction before the hearing.

3. He was sentenced to two months' imprisonment on the first charge and to a fine of $2,000 and to disqualification for six months, with an order for a test to be taken, on the second charge.

4. It appears from the evidence as found by the magistrate, that the appellant, who was the second defendant ("D.2") at the trial, was a joint owner with the first defendant ("D.1") of a motor-car.

5. The magistrate found that D.2 had given permission to D.1 to drive the vehicle but that although D.1 was not holding a valid driving licence at the time, D.2 had a reasonable belief that D.1 "must have had some sort of driving licence". This assumption must greatly reduce the culpability of D.2.

6. The magistrate found that there were special reasons of such a nature as to justify him in reducing to six months the mandatory disqualification of not less than twelve months required under section 4(2)(a) of Cap. 272 after conviction for an offence under section 4(1) of Cap. 272.

7. I could not disturb his finding of special reasons but consider that they are such as to make no disqualification necessary.

8. Taking, as I do, a very different view of D.2's blameworthiness, I allowed the appeal, quashed the sentence and substituted fines of $500 on each of the two charges of which D.2 was convicted.

Representation:

Mr. W. Lau (Ng & Yung) for Appellant

Mr. J.M. Gerber, Crown Counsel, for Respondent