香港特別行政區 訴 區國耀

香港特別行政區 訴 區國耀

The trial judge correctly found on the facts that the applicant failed to pay proper attention to the road despite foreseeable pedestrian risk, exceeded a safe speed for the circumstances, and therefore his driving was far below the standard of a competent and careful driver and constituted dangerous driving causing...

Source-derived case information.

Citation
[2019] HKCA 1246
Parties
Respondent: The Government of the Hong Kong Special Administrative Region; Applicant: Au Kwok Yiu
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 November 2019
Case Number
CACC101/2019
Procedural Posture
Criminal Conviction Appeal (leave Application) / Application for Leave to Appeal Conviction Refused at Appellate Hearing
Outcome
Leave to appeal against conviction refused
Legal Topics
Dangerous Driving, Causing Death by Dangerous Driving, Standard of Care, Leave to Appeal
Source Language
ch
Criminal Law Road Traffic Offences Dangerous Driving Causing Death by Dangerous Driving Standard of Care Leave to Appeal

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Parties

The Government of the Hong Kong Special Administrative Region

Respondent

Au Kwok Yiu

Applicant

Procedural Posture

Criminal Conviction Appeal (leave Application) / Application for Leave to Appeal Conviction Refused at Appellate Hearing

  1. 1 Whether the applicant's driving met the legal standard of dangerous driving causing death
  2. 2 Whether the trial judge erred in assessing visibility, speed and attention evidence such that leave to appeal should be granted
  3. 3 Whether nighttime and sparse pedestrian presence justified inattention

Ratio Decidendi

The trial judge correctly found on the facts that the applicant failed to pay proper attention to the road despite foreseeable pedestrian risk, exceeded a safe speed for the circumstances, and therefore his driving was far below the standard of a competent and careful driver and constituted dangerous driving causing death; there was no arguable ground to grant leave to appeal conviction.

Court Disposition

Leave to appeal against conviction refused

Orders

  • Application for leave to appeal conviction refused