判決理由書／裁決書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判決理由書／裁決書為準。
The judgment states that at around 5pm on 3 July 2019, the defendant was driving a heavy goods vehicle, carrying the deceased (his partner), along the traffic ramp from the fourth to the fifth floor of the Kwai Chung Asia Container Logistics Centre. As the downward lane was closed, the vehicle had to ascend in the second lane from the left to the warehouse entrance on level 4B. The defendant, seeing a medium-sized truck ahead stop, also halted outside the entrance. The deceased alighted to collect a ticket before reboarding, but about 1 second after the deceased closed the door, the defendant restarted and first ‘crept in’ to the left before turning right into the warehouse. During this manoeuvre, he failed to notice the deceased’s position, struck and ran over him, and the latter died after being taken to hospital. Evidence from recordings, CCTV, and expert reconstruction demonstrated dangerous driving by the defendant.
The court, pursuant to sections 36(4) and (6) of the Road Traffic Ordinance, applies the standard of a competent and careful driver to assess whether the manner of driving is dangerous.
The defendant failed to confirm the passenger’s position before restarting, and within 1 second first ‘crept in’ to the left and then turned right; his driving fell well below the standard of reasonable care, posing an obvious danger to the passenger.
After reviewing CCTV footage, the vehicle’s recorder, and expert testimony, the court found the defendant’s driving attitude constituted dangerous driving, without reasonable doubt.
The defendant was convicted on both counts of dangerous driving causing death and altering the vehicle’s window light transmission. Sentencing was adjourned to a separate hearing. (Translated from Chinese to English by AI)
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判刑理由書撮要(由AI生成)
以下撮要以AI生成及／或翻譯，內容以原來的判刑理由書為準。
The judgment noted that on the afternoon of 3 July 2019, the defendant was driving a heavy goods vehicle bearing registration number UC6951 in the passageway between levels 4A and 4B of the Kwai Chung Container Terminal in the New Territories, when he struck and ran over his partner who had just disembarked, causing their death. The defendant admitted the second charge, that the vehicle’s windows were fitted with tinting film in breach of the law, but denied the first charge of dangerous driving causing death; after trial, he was convicted of that offence.
Under section 36(1) of the Road Traffic Ordinance, upon conviction by indictment the offence is punishable by a level 5 fine and 10 years’ imprisonment; section 36(2A) provides that upon first conviction the driving disqualification must be at least 5 years; the secondary offence carries a maximum fine of HK$10000 and 6 months’ imprisonment.
The court considered the defendant’s lack of previous convictions, long driving experience, letters of plea from his family and the victim’s relatives, his guilty plea, genuine remorse, and the severe depression he suffered as a result of the incident as mitigating factors; however, the defendant’s momentary negligence had grave consequences, resulting in a loss of life. Although the offence fell within the ‘low culpability’ category, the circumstances were serious and required a deterrent sentence. With reference to the Cooksley guidelines, the starting point for sentencing was 15 months’ imprisonment.
The judge held that dangerous driving can be fatal and that a warning message must be conveyed; although there was remorse and psychological trauma warranting some mitigation, immediate imprisonment was still necessary to underscore the seriousness of the law and to achieve deterrence.
The defendant was sentenced to 14 months’ immediate imprisonment for dangerous driving causing death, with an immediate driving disqualification of 5 years. He must complete a driving improvement course at his own expense within the final 3 months of the disqualification order. For the secondary offence of altering the windows’ light transmittance, he was fined HK$1000, to be paid within 14 days, failing which 7 days’ imprisonment will be substituted. (Translated from Chinese to English by AI)
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