Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Hong Kong decisions
Decisions matching the current search
The Court of Appeal refused the prosecution’s out-of-time application to appeal by case stated, holding the delay unexplained and the proposed appeal insufficiently meritorious.
The Court of Appeal granted bail pending appeal against sentence, accepting that the applicant had a reasonably arguable totality point and would likely serve a substantial part of the term before hearing.
The photographic and technical evidence established beyond reasonable doubt that the appellant drove past the stop line after the red light was illuminated; the minor discrepancy in cited timings and a non‑fatal error in the summons did not cause injustice; the offence is strict liability and the appellant failed to prove any reasonable excuse, therefore the conviction and fine are affirmed.
Source excerpt
The Court held the sentencing judge erred in treating the collision's inevitability as excluding the fatality from sentencing consideration; sentencing must assess the defendant's driving quality and the consequences. The original sentence was principledly wrong and manifestly too light and is substituted with a custodial sentence of 3 months (after plea discount) suspended for 12 months.
Source excerpt
The Court of Appeal refused leave to appeal against sentence, holding that the dangerous driving sentence was not excessive and consecutive terms were proper.
Sentence for causing death by dangerous driving: 12 months’ imprisonment, 5 years’ driving disqualification, and a Driving Improvement Course order.
The magistrate properly considered the appellant's guilty plea, lack of prior convictions and personal mitigation including health and financial circumstances; the $200 fine (after one‑third discount from a $300 benchmark) was not wrong in principle nor manifestly excessive and therefore the appeal is dismissed; the fresh medical records were unnecessary as the sentencing court had been aware of the relevant circumstances.
Source excerpt
The conviction was upheld because objective dash‑cam evidence showed no deceleration before collision, the appellant's testimony was rejected as not credible, and on a rehearing the court concluded the prosecution proved beyond reasonable doubt that the appellant failed to exercise the requisite care, causing the collision.
Source excerpt
The appellant was convicted because she failed to exercise sufficient care when turning right from the side road past a stationary coach, did not proceed slowly to ensure the right-hand lane was clear and had no entitlement to assume other vehicles would obey speed limits; therefore the conviction for careless driving is upheld.
Source excerpt
The magistrate's acceptance of the prosecution witness as honest and reliable and rejection of the appellant's implausible account was reasonable; there was no demonstrable error in the magistrate's factual findings and the appellate court will not disturb them, so the conviction must be upheld.
Source excerpt
Explore more
