香港特別行政區 訴 廖家豪

香港特別行政區 訴 廖家豪

The trial judge's factual findings—based on expert and witness evidence—that the deceased was lying in a position a reasonable driver in the applicant's position ought to have seen, and that the applicant persistently failed to observe and take evasive action, supported convictions for dangerous driving causing...

Source-derived case information.

Citation
[2023] HKCA 1052
Parties
Applicant: Liu Ka Ho (廖家豪); Respondent: The Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 September 2023
Case Number
CACC56/2023
Procedural Posture
Criminal Appeal Application for Leave to Appeal Out of Time Against Conviction and Sentence / Court of Appeal Hearing on Application for Leave to Appeal Out of Time (conviction and Sentence) Determination
Outcome
Application for leave to appeal out of time dismissed; convictions and sentence affirmed.
Legal Topics
Dangerous Driving Causing Death, Failure to Stop and Failure to Report Accident, Driving Disqualification Under Road Traffic Ordinance S36(2), Leave to Appeal Out of Time, Standard of Driver Observation
Source Language
ch
Criminal Law Traffic Law Appeals Sentencing Dangerous Driving Causing Death Failure to Stop and Failure to Report Accident Driving Disqualification Under Road Traffic Ordinance S36(2) Leave to Appeal Out of Time +1 more

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Parties

Liu Ka Ho (廖家豪)

Applicant

The Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal Application for Leave to Appeal Out of Time Against Conviction and Sentence / Court of Appeal Hearing on Application for Leave to Appeal Out of Time (conviction and Sentence) Determination

  1. 1 Whether the conviction for dangerous driving causing death was supported by the evidence and justified on the facts
  2. 2 Whether the trial judge erred in findings about the deceased's position and the driver's opportunity to observe
  3. 3 Whether the mandatory 5-year driving disqualification under the Road Traffic Ordinance should be reduced under s36(2)

Ratio Decidendi

The trial judge's factual findings—based on expert and witness evidence—that the deceased was lying in a position a reasonable driver in the applicant's position ought to have seen, and that the applicant persistently failed to observe and take evasive action, supported convictions for dangerous driving causing death and related offences; there were no special reasons to reduce the mandatory 5-year disqualification under RTO s36(2); the applicant's out-of-time leave application lacked a reasonable basis and was dismissed.

Court Disposition

Application for leave to appeal out of time dismissed; convictions and sentence affirmed.

Orders

  • Dismissal of application for leave to appeal out of time (conviction and sentence)
  • Convictions on counts 1 to 3 affirmed