R. v. WAI KIN FUN

R. v. WAI KIN FUN

The magistrate's acceptance of PW1's evidence that the appellant was driving at excessive speed and in a manner creating an obvious and serious risk was dispositive; on those findings the appellant was properly convicted of exceeding the speed limit and reckless driving and the appeal must be dismissed.

Source-derived case information.

Citation
R. v. WAI KIN FUN
Parties
Crown: THE QUEEN; Appellant: WAI KIN FUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 July 1994
Case Number
HCMA271/1994
Procedural Posture
Magistracy Criminal Appeal / Appeal Against Conviction Judgment on Appeal
Outcome
Appeal dismissed; convictions and sentences upheld.
Legal Topics
Reckless Driving, Speeding, Evidence Witness Credibility, Costs
Source Language
en
Criminal Law Road Traffic Law Reckless Driving Speeding Evidence Witness Credibility Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

THE QUEEN

Crown

WAI KIN FUN

Appellant

Procedural Posture

Magistracy Criminal Appeal / Appeal Against Conviction Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was the driver of the vehicle on the Tolo Highway
  2. 2 Whether the appellant exceeded the statutory speed limit
  3. 3 Whether the appellant drove in a manner creating an obvious and serious risk (reckless driving)

Ratio Decidendi

The magistrate's acceptance of PW1's evidence that the appellant was driving at excessive speed and in a manner creating an obvious and serious risk was dispositive; on those findings the appellant was properly convicted of exceeding the speed limit and reckless driving and the appeal must be dismissed.

Court Disposition

Appeal dismissed; convictions and sentences upheld.

Orders

  • Convicted of reckless driving: fined HKD 2,000 and disqualified from driving for 12 months
  • Convicted of driving in excess of the speed limit: fined HKD 3,000