Huen Hung v The Queen

Judgment Cited in Precedent Map Related
Judgment Date13 May 1968
Year1968
Judgement NumberCACC254/1968
CourtCourt of Appeal (Hong Kong)
CACC000254/1968 HUEN HUNG v. THE QUEEN

CACC000254/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO.254 OF 1968

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BETWEEN
HUEN HUNG Appellant
AND
THE QUEEN Respondent

Coram: Huggins, J.

Date of Judgment: 13 May 1968

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JUDGMENT

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Huggins, J:

1. The appellant was convicted of careless driving. He was fined $50 and disqualified for six months. He appeals against sentence, the argument before me being directed against the order of disqualification.

2. The appellant is a bus driver and the learned magistrate found that he drove his bus into the back of a motor-cycle when the motor-cycle slowed down near a junction. I think he also found that there were skid-marks made by the bus which were 23 feet and 27 feet 6 inches long. No other findings of fact have been made although there was evidence relating to the earlier manoeuvres and to the speed of both vehicles and also to the damage suffered by them. The absence of findings is particularly unfortunate in view of the great divergence between the evidence of the two drivers: the motor-cyclist said he had been driving at 20 miles an hour and that the bus had been following him "from behind for several minutes" whereas the appellant said he had only just started off from the bus stop at the time of the accident.

3. Although the learned magistrate has described the appellant as "engulfing a...

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