HKSAR v. CHENG WANG WAI

CACC 41/2019

[2019] HKCA 390

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 41 OF 2019

(ON APPEAL FROM DCCC NO 725 OF 2018)

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J U D G M E N T

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1.  The applicant pleaded guilty to one charge of ‘causing grievous bodily harm by dangerous driving’. What he did was drive through a red light and hit someone traversing a pedestrian crossing.  He was on the second lane and had seemingly thought nothing of the fact that, to his left, a KMB bus had already stopped, to comply with the light as the bus driver later explained.  On the contrary, his version was that the bus was blocking his view so that he was unable to see the male victim stepping out onto the road.  He also said he was misguided by the light governing the third and right-turning lane, then in the colour amber.  The judge accepted that that might be true but nevertheless sentenced the applicant to 6 months’ imprisonment.  I can see nothing wrong with this sentence, whereas all the applicant did was repeat his story before me, setting great store by the fact that this was “just an accident”.  I am not satisfied that he has a reasonable case to argue on the appeal so despite his earliest date of discharge is on May 30, I dismissed his application for bail pending appeal.