香港特別行政區 訴 張兆鈞

香港特別行政區 訴 張兆鈞

Leave to appeal was refused because the application did not raise any legal point of general or public importance under s32(2), did not demonstrate any substantial and grave injustice, and the trial judge's factual finding—supported by tunnel CCTV—that the appellant failed to keep a safe speed and distance was upheld.

Source-derived case information.

Citation
[2024] HKCFI 2844
Parties
Respondent: 香港特別行政區; Appellant: 張兆鈞
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2024
Case Number
HCMA460/2022
Procedural Posture
Criminal Careless Driving (application for Leave) / Application for Leave to Appeal to the Court of Final Appeal
Outcome
leave to appeal to the Court of Final Appeal refused
Legal Topics
Careless Driving, Leave to Appeal, Standard of Care, Evidence CCTV
Source Language
ch
Criminal Law Traffic Law Appellate Procedure Careless Driving Leave to Appeal Standard of Care Evidence CCTV

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Parties

香港特別行政區

Respondent

張兆鈞

Appellant

Procedural Posture

Criminal Careless Driving (application for Leave) / Application for Leave to Appeal to the Court of Final Appeal

  1. 1 Whether the appeal raises a point of law of general or public importance under s32(2) of the Court of Final Appeal Ordinance
  2. 2 Whether the proceedings show a substantial and grave miscarriage of justice
  3. 3 Whether the appellant lacked sufficient distance/time to stop when changing lanes and whether speed/distance breached required standard of care

Ratio Decidendi

Leave to appeal was refused because the application did not raise any legal point of general or public importance under s32(2), did not demonstrate any substantial and grave injustice, and the trial judge's factual finding—supported by tunnel CCTV—that the appellant failed to keep a safe speed and distance was upheld.

Court Disposition

leave to appeal to the Court of Final Appeal refused

Orders

  • Application for leave to appeal to the Court of Final Appeal refused