香港特別行政區 訴 黃士奇

香港特別行政區 訴 黃士奇

The leave application was refused because the trial judge permissibly found on the evidence (recorded footage and black box data) that the driver clearly saw the pedestrian several seconds before impact, did not take timely braking or speed-reduction measures and thus his driving was far below the standard of a...

Source-derived case information.

Citation
[2023] HKCA 1225
Parties
Applicant: Wong Sze Ki (黃士奇); Respondent: Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
18 October 2023
Case Number
CACC73/2023
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to Appeal Against Conviction (refused)
Outcome
Application for leave to appeal against conviction refused; conviction and sentence upheld
Legal Topics
Dangerous Driving, Careless Driving/negligent Driving, Conviction Review, Appellate Factual Review
Source Language
ch
Criminal Law Road Traffic Offences Appeal Law Dangerous Driving Careless Driving/negligent Driving Conviction Review Appellate Factual Review

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Parties

Wong Sze Ki (黃士奇)

Applicant

Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal Against Conviction / Application for Leave to Appeal Against Conviction (refused)

  1. 1 Whether the appellant's driving amounted to dangerous driving causing grievous bodily harm rather than careless driving
  2. 2 Whether the trial judge's factual findings were plainly wrong such that leave to appeal should be granted
  3. 3 Whether failure to brake or reduce speed after seeing the pedestrian amounted to dangerous driving

Ratio Decidendi

The leave application was refused because the trial judge permissibly found on the evidence (recorded footage and black box data) that the driver clearly saw the pedestrian several seconds before impact, did not take timely braking or speed-reduction measures and thus his driving was far below the standard of a competent careful driver; those factual findings were not plainly wrong and supported conviction for dangerous driving causing grievous bodily harm.

Court Disposition

Application for leave to appeal against conviction refused; conviction and sentence upheld

Orders

  • Leave to appeal against conviction refused
  • Conviction for dangerous driving causing grievous bodily harm and the original custodial sentence of 15 months upheld