HKSAR v. CHAN KIU LIK ERIC

HKSAR v. CHAN KIU LIK ERIC

Because the appellant was significantly over the prescribed alcohol limit while in charge of a vehicle during the course of a journey, posing a clear risk to public safety, the $9,000 fine and 18-month disqualification fell within established sentencing ranges and were justified; personal hardship did not outweigh...

Source-derived case information.

Citation
HKSAR v. CHAN KIU LIK ERIC
Parties
Appellant: Appellant; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 March 2007
Case Number
HCMA1172/2006
Procedural Posture
Appeal Against Sentence for Driving With Excess Alcohol / Decision on Appeal (sentence)
Outcome
Appeal dismissed
Legal Topics
Driving Under the Influence, Disqualification, Fines, Sentence Appeal
Source Language
en
Criminal Law Road Traffic Law Sentencing Driving Under the Influence Disqualification Fines Sentence Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Appeal Against Sentence for Driving With Excess Alcohol / Decision on Appeal (sentence)

Legal Issues

  1. 1 Whether the fine amount was appropriate
  2. 2 Whether the 18-month disqualification was excessive
  3. 3 Whether the appellant's personal circumstances justified a reduction in sentence

Ratio Decidendi

Because the appellant was significantly over the prescribed alcohol limit while in charge of a vehicle during the course of a journey, posing a clear risk to public safety, the $9,000 fine and 18-month disqualification fell within established sentencing ranges and were justified; personal hardship did not outweigh public safety or the availability of alternatives, therefore the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Fine of HKD 9,000
  • Disqualification from holding or obtaining a driving licence for 18 months