27 Feb 2017
HKSAR v. KRUGER PAUL ANTHONY
- Citation
- HKSAR v. KRUGER PAUL ANTHONY
- Court
- Court of First Instance
- Case number
- HCMA165/2016
Although the magistrate initially framed the issue as whether the appellant chose the 'safest' option, on rehearing the court applied the correct legal test and concluded on the evidence that a reasonably prudent cyclist would have applied emergency braking (response time ~0.9s, stopping within ~10m at 40 km/h) and that steering right to pass closely behind the pedestrian was an unnecessary risk failing to account for foreseeable shock reactions; therefore guilt was proven beyond reasonable doubt and the conviction stands.