Hong Kong Judgment

Court of First Instance

HKSAR v. DIAZ, JEFFERSON SAMPILO

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Source document

01

Holding and result

There was proven contact between vehicles and the driving objectively failed to meet the standard of a reasonable and prudent driver; therefore the conviction for careless driving was properly recorded and the appeal must be dismissed.

Court disposition

Appeal dismissed; conviction for careless driving upheld

Orders

  • Appeal dismissed
  • Conviction for careless driving affirmed

02

Material facts

Parties

HKSAR

Respondent Counsel: Ms Olivia Tsang, Senior Government Counsel (Ag.) of the Department of Justice

Diaz, Jefferson Sampilo

Appellant Counsel: In person

03

Procedural history

  1. Posture

    Magistracy Appeal (careless Driving) / Judgment on Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant (self-represented) and his witness accepted there was minor contact or 'tapping' at slow speed and argued the contact was slight and did not amount to careless driving.
Respondent
Prosecution submitted that contact occurred and that reasonable and prudent drivers do not drive into another vehicle; the driving objectively failed to meet the required standard and the conviction should be upheld.

05

Court’s reasoning

  1. 01

    Common law/road traffic standards

    Driving is judged by the objective standard of a reasonable and prudent driver

  2. 02

    Appeal principles/common law

    An appellate court will defer to the magistrate's findings of fact and credibility unless perverse

06

Ratio, limits and disposition

Ratio decidendi

There was proven contact between vehicles and the driving objectively failed to meet the standard of a reasonable and prudent driver; therefore the conviction for careless driving was properly recorded and the appeal must be dismissed.

Obiter and limits

  • Appellant did not give evidence and his employer conceded some tapping occurred
  • Appellant appeared not to understand many matters but the reasons for conviction were explained by the court

Court disposition

Appeal dismissed; conviction for careless driving upheld

  • Appeal dismissed
  • Conviction for careless driving affirmed

Source and reliance status

Court of First Instance · 29 November 2007

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Judgment text

The complete available source text.

Source document

Court of First Instance

Judgment· 29 November 2007

HKSAR v. DIAZ, JEFFERSON SAMPILO

bjbj HCMA985/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. 985 OF 2007 (ON APPEAL FROM ESS 22543 OF 2007) ___

BETWEEN HKSAR Respondent and DIAZ, JEFFERSON SAMPILO Appellant ___ Before: Deputy High Court Judge Line in Court Date of Hearing: 29 November 2007 Date of Judgment: 29 November 2007 ___

J U D G M E N T ___ 1. This is an appeal against a conviction for careless driving. The facts are very simple. The appellant was driving his employers' motor vehicle in a queue of slow-moving traffic on Repulse Bay Road and it is quite clear that his car touched the car in front. He did not give evidence to deny that in the trial below. He called his employer, who was in the car, and whilst the employer disputed how hard the contact was between her vehicle and the one in front, she conceded, in effect, that there had been some - as she described it - tapping. It is quite clear that the magistrate was right to find that there had been contact between the two vehicles.

2. Given that one vehicle drove into another, albeit at a slow speed and did not cause much damage, the fact is that reasonable and prudent drivers do not do that. The driving here objectively failed to measure up to the required standard and the conviction for careless driving was inevitable. Mr Diaz came here really not understanding a lot of the matters, but I think he understands now why he has the conviction. The appeal against it has to be dismissed. (P Line) Deputy High Court Judge Representations: Ms Olivia Tsang, Senior Government Counsel (Ag.), of the Department of Justice, for the Respondent Appellant: Diaz, Jefferson Sampilo, in person

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PAGE CRT30/29.11.2007/MMcG HCMA985/2007/Reasons for Judgment

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