17 Jan 2019
香港特別行政區 訴 陳建城
- Citation
- [2019] HKCFI 112
- Court
- Court of First Instance
- Case number
- HCMA247/2018
The judge correctly preferred the contemporaneous police sketch and the witnesses' identification of the first junction, accepted their evidence that the appellant overtook and cut into MR 3231 causing it to brake and the subsequent collision, rejected the appellant's inconsistent and implausible account about the third vehicle's speed and his observations, and concluded the prosecution discharged the burden beyond reasonable doubt; the fine of HK$2,500 with 25 instalments was a discretionary, not excessive, sentence and thus both conviction and sentence are upheld.