25 Sept 2024
香港特別行政區 訴 陳愷灝
- Citation
- [2025] HKCFI 597
- Court
- Court of First Instance
- Case number
- HCMA442/2023
上訴法院認為裁判官在量刑上未有錯誤適用法律或明顯不當：監禁式量刑對涉在停牌期間駕駛的罪行為合適，四個半星期的量刑起點及三星期監禁的判處在一般量刑範圍內；15個月停牌在法定範圍內且上訴人未能提出足夠的特別理由要求自案發日起計或縮短停牌期，因此上訴不成立，維持原判。
Hong Kong Case Law
Driving without third‑party insurance
21 Jun 2006
HKSAR v. YEUNG CHE KONG RAYMOND RALPH
- Citation
- HKSAR v. YEUNG CHE KONG RAYMOND RALPH
- Court
- Court of First Instance
- Case number
- HCMA345/2006
The magistrate was entitled to accept the prosecution evidence that the offence occurred on the flyover forming part of Clearwater Bay Road where the speed limit was 50 km/h; the appellant was the driver, was disqualified, and the vehicle lacked third-party insurance; evidence obtained following the stop was admissible as no exclusionary exception applied; therefore convictions were properly affirmed and no retrial was warranted.