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DCCC 795/2023
[2024] HKDC 1275
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 795 OF 2023
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Before:
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H.H. Judge G. Lam
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Present:
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Ms. Karinna Lai, PP, of the Department of Justice, for HKSAR.
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Ms. Eugenia Yang, instructed by M/s Y.T. Szeto & Co., for the defendant.
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Offences:
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(1) Causing death by dangerous driving（危險駕駛引致他人死亡）
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(2) Using a motor vehicle not designed and constructed that the driver while controlling the vehicle can at all times have a full view of the road and traffic ahead of the vehicle[1]（使用在設計及構造上不能令駕駛人在控制該車輛時，無論何時均可完全看到汽車前面的道路和交通情況的汽車）
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REASONS FOR SENTENCE
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The defendant pleaded guilty to a charge of "Dangerous driving causing death" (Charge 1) and a minor offence in relation to the maintenance of his car (Charge 2). He knocked down a pedestrian at a crossing controlled by traffic lights.
Summary of Facts
Charge 1
2.
The accident took place at a pedestrian crossing on Tin Sam Street (westbound), Tai Wai, Shatin. The relevant road segment was a one-way two-lane carriageway regulated by both vehicular and pedestrian traffic lights. At the time of the accident, the road surface was dry and in good repairs. The traffic volume was normal. The speed limit was 50 km/h.
3.
About 10:45 p.m. on 19 January 2023, the defendant was driving a private car YJ3152 ("the Car") along the 2
nd
left lane of Tin Sam Street with his mother on board. Upon reaching the 1
st
arrow road marking before arriving at the white stop line, the vehicular traffic light changed from green to amber. Almost at the same time and when the pedestrian traffic light was still red, Madam Guo (the deceased; aged 65) began to cross Tin Sam Street (westbound) at the mid-road island slowly from the defendant's right to left near Lamppost No.N7257A.
4.
Instead of decelerating or braking in anticipation of the upcoming red vehicular traffic light, the defendant failed to notice the deceased, who had just set foot on the pedestrian crossing, and accelerated
[2]
. As a result, the front nearside of the Car hit the deceased. She was bounced off the Car and fell on the road.
5.
The ambulance crew arrived at the scene around 10:52 in the same evening. The deceased was not breathing and had no pulse. CPR was performed and she was sent to the hospital. The deceased was certified dead at 11:13 p.m. on the same day. According to the autopsy report, the injuries found on the deceased were consistent with having hit by an oncoming vehicle, with bumper impacts (fractures of both leg bones) and secondary impacts from being thrown onto the bonnet or roof of the car or hitting the ground (severe head injuries, fractures of multiple ribs and comminuted fractures of the pelvis).
6.
At the scene, the defendant told PC 13611 that he was driving along the right lane at 50 km/h and the traffic light turned from green to amber. The defendant continued to drive and the deceased suddenly crossed the road from right to left in front of the Car. He swerved to the left but still hit the deceased.
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