THE QUEEN v. YOUNG TAT SOO

HCMA001785/1990

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 1785 of 1990

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BETWEE

	THE QUEEN	Respondent
	AND
	YOUNG TAT SOO	Appellant

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Coram: The Hon. Mr. Justice Sears in Court

Date of Hearing: 12 March 1991

Date of Delivery of Judgment: 12 March 1991

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JUDGMENT

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1. This was a very bad piece of driving, indeed it as reckless driving, which caused the death of a young person.

           

2. The magistrate took into account the fact that as he was a professional driver that was an aggravating factor. It may be that is so, because people who drive public transport vehicles, whether it be taxis or buses, clearly owe a duty to drive properly and safeguard their passengers.

3. However, this man had shown, in my judgment, genuine remorse. He pleaded guilty and did not seek to excuse himself from this piece of bad driving, which appears although, of course, a very serious matter to be a 'one-off' type of case; there were no other aggravating factors other than the fact that he did not see the on-coming vehicles. Having regard to his age, his plea and also a fact which the magistrate did not take into account, namely that to deprive a person of driving for two years, is, for a professional driver a very serious punishment, I consider that the sentence can be suspended for a period of two years.

(R.A.W. Sears) Judge of the High Court

Representation:

Mr. Saw, S.C.C. for the Crown

Mr. Lawrence Lok instructed by M/s Howell & Co. for the Appellent.