HKSAR v. LEE WAI CHUNG

HKSAR v. LEE WAI CHUNG

Material facts unknown at trial showed that the sign had been extended out over the roadway before the police photographs were taken, materially increasing its visibility compared with its position at the time of the offence; that undermined the magistrate's factual finding that the sign would have been visible at the junction, and accordingly the conviction was quashed and the sentence set aside.

Citation
HKSAR v. LEE WAI CHUNG
Parties
Respondent: HKSAR; Appellant: LE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 February 2004
Case Number
HCMA90/2004
Procedural Posture
Magistracy Appeal (appellate Jurisdiction) / Judgment on Appeal Against Conviction
Outcome
Conviction quashed; sentence set aside; no retrial ordered.
Legal Topics
Failure to Comply With Traffic Sign, Reasonable Excuse Defense, Evidence and Visibility of Traffic Signs, Quashing of Conviction
Source Language
EN
Road Traffic Criminal Law Administrative Law Failure to Comply With Traffic Sign Reasonable Excuse Defense Evidence and Visibility of Traffic Signs Quashing of Conviction

Case Brief

Summary, issues, holding and outcome

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Parties

HKSAR

Respondent

LE

Appellant

Procedural Posture

Magistracy Appeal (appellate Jurisdiction) / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant had a 'reasonable excuse' for failing to comply with a no right turn sign
  2. 2 Whether the sign was visible to a motorist at the junction and whether photographic evidence relied on at trial fairly represented visibility at the time of the offence
  3. 3 Whether undisclosed post-offence alterations to the sign's position undermined the magistrate's factual findings

Ratio Decidendi

Material facts unknown at trial showed that the sign had been extended out over the roadway before the police photographs were taken, materially increasing its visibility compared with its position at the time of the offence; that undermined the magistrate's factual finding that the sign would have been visible at the junction, and accordingly the conviction was quashed and the sentence set aside.

Court Disposition

Conviction quashed; sentence set aside; no retrial ordered.

Orders

  • Conviction quashed
  • Sentence set aside