香港特別行政區 訴 張志真

香港特別行政區 訴 張志真

The trial judge's acceptance of the taxi passenger's credible evidence that the taxi remained in its lane and the appellant's vehicle moved into it was not unreasonable; the appellant's driving fell below the standard of a reasonable careful driver and constituted careless driving under Cap 374 s38(1); appellate...

Source-derived case information.

Citation
[2020] HKCFI 520
Parties
Appellant: 張志真; Respondent: 香港特別行政區
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 January 2020
Case Number
HCMA380/2019
Procedural Posture
Criminal Road Traffic Offence / Conviction Appeal (rehearing)
Outcome
Appeal dismissed; conviction upheld
Legal Topics
Careless Driving, Traffic Accident Liability, Witness Credibility, Standard of Appellate Review
Source Language
ch
Criminal Law Road Traffic Law Evidence Law Careless Driving Traffic Accident Liability Witness Credibility Standard of Appellate Review

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Parties

張志真

Appellant

香港特別行政區

Respondent

Procedural Posture

Criminal Road Traffic Offence / Conviction Appeal (rehearing)

  1. 1 Whether the appellant's driving constituted careless driving under Road Traffic Ordinance Cap 374 s38(1)
  2. 2 Whether the trial judge erred in assessing witness credibility and whether the conviction was unsafe

Ratio Decidendi

The trial judge's acceptance of the taxi passenger's credible evidence that the taxi remained in its lane and the appellant's vehicle moved into it was not unreasonable; the appellant's driving fell below the standard of a reasonable careful driver and constituted careless driving under Cap 374 s38(1); appellate court will not disturb the conviction as it is not unsafe.

Court Disposition

Appeal dismissed; conviction upheld

Orders

  • Appeal dismissed
  • Original conviction for careless driving under Cap 374 s38(1) and HK$2,000 fine affirmed