香港特別行政區 訴 羅迪祺

香港特別行政區 訴 羅迪祺

The Court held that the applicant's deliberate unlawful U-turn across double white lines combined with his failure to observe and to continue observing the fast lane meant his driving was far below the standard of a competent and careful driver and that it was obviously dangerous under s36A; therefore the trial...

Source-derived case information.

Citation
香港特別行政區 訴 羅迪祺
Parties
Applicant: Law Tik Ki (羅迪祺); Respondent: The Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 December 2016
Case Number
CACC277/2015
Procedural Posture
Criminal Conviction Appeal (permission to Appeal) / Leave to Appeal Application Refused by Court of Appeal
Outcome
application for leave to appeal against conviction dismissed
Legal Topics
Dangerous Driving, Driving Causing Grievous Bodily Harm, Interpretation of S36 a Road Traffic Ordinance, Standard of Competent and Careful Driver
Source Language
ch
Criminal Law Road Traffic Law Appeal Dangerous Driving Driving Causing Grievous Bodily Harm Interpretation of S36 a Road Traffic Ordinance Standard of Competent and Careful Driver

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Parties

Law Tik Ki (羅迪祺)

Applicant

The Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Conviction Appeal (permission to Appeal) / Leave to Appeal Application Refused by Court of Appeal

  1. 1 Whether the applicant's driving amounted to 'dangerous driving' under s36A RTO
  2. 2 Whether an intentional breach of double white lines alone constitutes dangerous driving
  3. 3 Whether evidence supported inference that applicant failed to observe approaching traffic sufficiently

Ratio Decidendi

The Court held that the applicant's deliberate unlawful U-turn across double white lines combined with his failure to observe and to continue observing the fast lane meant his driving was far below the standard of a competent and careful driver and that it was obviously dangerous under s36A; therefore the trial judge's conviction for dangerous driving was correct and the application for leave to appeal against conviction was dismissed.

Court Disposition

application for leave to appeal against conviction dismissed

Orders

  • Application for leave to appeal against conviction dismissed
  • Conviction for dangerous driving under s36A affirmed