HKSAR v. CHEUNG SIK WAI TERRY
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HCMA001020/1999
HCMA 1020/1999
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. HCMA 1020 OF 1999
(On Appeal from NKCC 5051/99)
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| BETWEEN | ||
| HKSAR | Respondent | |
| AND | ||
| CHEUNG SIK WAI TERRY | Appellant |
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Coram: The Hon. Madam Justice Beeson in Court
Date of Hearing: 23 November 1999
Date of Judgment: 23 November 1999
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J U D G M E N T
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1. This Appellant was sentenced, after pleading guilty, in respect of three charges: Driving in Excess of the Speed Limit; Driving Whilst Disqualified and Using a Vehicle Without Third Party Insurance. In respect of the driving whilst disqualified, the Defendant was sentenced to 4 months imprisonment and against that sentence of imprisonment he now appeals. The maximum penalty for that offence is a fine of $10,000 and imprisonment for 12 months.
2. The Magistrate in sentencing took all matters into consideration and he also noted this Appellant's shocking driving record. This offence was committed only 9 months after Appellant had been given a suspended sentence of 2 months suspended for 36 months for an identical offence. That suspended sentence was activated, as it should have been, and ordered to run consecutively to this sentence. Clearly Appellant adopts a cavalier attitude both to road regulations and the penalties imposed on him by the court.
3. Having examined the Magistrate's Reasons for Sentence I can see no justification for either allowing this appeal, or for varying the sentence of imprisonment which was so properly passed. The appeal is dismissed.
| (C-M. Beeson) | |
| Judge of the Court of First Instance |
Representation:
Mr. P.K. Madigan, S.G.C. for D.P.P.
CHEUNG Sik-wai Terry, Appellant, in person