香港特別行政區 訴 易嘉文

香港特別行政區 訴 易嘉文

Applying s37(4),(6) and (7) to the facts, the appellant’s entry into the junction on a red light, causing collision and injury, despite slow speed, was conduct far below that of a competent and careful driver and created an obvious risk of injury or serious damage; the trial judge correctly applied the statutory...

Source-derived case information.

Citation
[2018] HKCFI 2077
Parties
Appellant: 易嘉文; Respondent: 香港特別行政區
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 July 2018
Case Number
HCMA204/2018
Procedural Posture
Criminal Conviction Appeal / Appeal Against Conviction — Rehearing in High Court (hcma)
Outcome
Appeal dismissed; conviction for dangerous driving upheld.
Legal Topics
Dangerous Driving, Traffic Lights Offences, Interpretation and Application of S37 Road Traffic Ordinance
Source Language
ch
Criminal Law Road Traffic Law Appeals Dangerous Driving Traffic Lights Offences Interpretation and Application of S37 Road Traffic Ordinance

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Parties

易嘉文

Appellant

香港特別行政區

Respondent

Procedural Posture

Criminal Conviction Appeal / Appeal Against Conviction — Rehearing in High Court (hcma)

  1. 1 Whether the appellant's conduct amounted to "dangerous driving" under s37 Cap.374
  2. 2 Whether low speed negates dangerous driving as a matter of law
  3. 3 Whether misperception of traffic lights or multiple lights negates criminal liability

Ratio Decidendi

Applying s37(4),(6) and (7) to the facts, the appellant’s entry into the junction on a red light, causing collision and injury, despite slow speed, was conduct far below that of a competent and careful driver and created an obvious risk of injury or serious damage; the trial judge correctly applied the statutory test and precedent and the conviction for dangerous driving is upheld.

Court Disposition

Appeal dismissed; conviction for dangerous driving upheld.

Orders

  • Appeal dismissed; conviction upheld.