R. v. LEE CHUNG MAN

R. v. LEE CHUNG MAN

The judge held that the facts constituted special reasons not to impose disqualification because the appellant only drove a short distance along a narrow unnamed path to reach a hillside for recreational use and was not using the motorcycle for general public road use; accordingly the disqualification was removed and the fine for driving without insurance was increased to $5,000.

Citation
R. v. LEE CHUNG MAN
Parties
Respondent: THE QUEEN; Appellant: LEE CHUNG MAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 December 1995
Case Number
HCMA1047/1995
Procedural Posture
Magistracy Appeal (appeal Against Sentence) / Hearing and Judgment (appeal Allowed in Part)
Outcome
Appeal allowed in part; disqualification removed; fine for driving without third party insurance increased.
Legal Topics
Driving Without Valid Licence, Unregistered Vehicle, No Third Party Insurance, Driving Disqualification, Sentencing
Source Language
EN
Criminal Law Road Traffic Law Driving Without Valid Licence Unregistered Vehicle No Third Party Insurance Driving Disqualification Sentencing

Case Brief

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Parties

THE QUEEN

Respondent

LEE CHUNG MAN

Appellant

Procedural Posture

Magistracy Appeal (appeal Against Sentence) / Hearing and Judgment (appeal Allowed in Part)

Legal Issues

  1. 1 Whether disqualification from driving should be imposed
  2. 2 Whether special reasons existed to avoid disqualification
  3. 3 Whether fines were appropriate and proportionate

Ratio Decidendi

The judge held that the facts constituted special reasons not to impose disqualification because the appellant only drove a short distance along a narrow unnamed path to reach a hillside for recreational use and was not using the motorcycle for general public road use; accordingly the disqualification was removed and the fine for driving without insurance was increased to $5,000.

Court Disposition

Appeal allowed in part; disqualification removed; fine for driving without third party insurance increased.

Orders

  • Disqualification from driving removed (original 12 months disqualification set aside)
  • Fine for driving a motorcycle which was not registered: $1,000 (unchanged)