8 Dec 2014
香港特別行政區 訴 韓碩
- Citation
- 香港特別行政區 訴 韓碩
- Court
- Court of First Instance
- Case number
- HCMA507/2014
On the totality of objective evidence (very high alcohol levels, appellant promptly reported the accident, waited at scene for police for about 20 minutes, only briefly sat in the driver's seat with engine off and was found with the key), the appellant proved on the balance of probabilities under s39A(4) that he was at the relevant time incapable of driving and therefore was not "in charge"; the conviction under s39A(1) was unsafe and quashed. The appellant failed to prove both elements required by s63(5) (lack of knowledge and reasonable efforts) and the conviction under s63 offences was the…