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The Court of Appeal partly allowed the appeal, quashing the drunk-driving conviction but upholding the reckless-driving conviction.
The prosecution failed to prove the offence of driving under the influence of alcohol beyond reasonable doubt due to the timing of the test and intervening factors, but proved the offence of causing damage through reckless driving based on cumulative evidence including the sketch map, vehicle inspection report, and appellant's own testimony.
Source excerpt
The prosecution failed to prove the offence of driving under the influence of alcohol beyond reasonable doubt because the alcohol test was conducted 12 hours after the accident and after the appellant had consumed alcohol, making the result unreliable. However, the evidence, including the sketch map, vehicle inspection report, and the appellant's own testimony, cumulatively proved the offence of causing damage through reckless driving.
Source excerpt
The High Court reduced a drunk-driving fine but upheld a 3-year licence disqualification, holding that the appellant gave no special reasons to avoid automatic disqualification.
The High Court partly allowed a traffic sentence appeal by a first offender, substituting a fine for imprisonment on the drink-driving count and discharging the careless driving count.
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