Case Summary: A traffic accident causing serious consequences of damage to property and even injury or death to a person does not necessarily mean ‘dangerous driving’ (HKSAR v Lam Chi Fat)

Case Summary: A traffic accident causing serious consequences of damage to property and even injury or death to a person does not necessarily mean ‘dangerous driving’ (HKSAR v Lam Chi Fat)

HKSAR v Lam Chi Fat
Case No.: CACC 89/2011
Date of Judgment: 11 September 2011
Citation: [2012] 1 HKLRD 968
https://www.hklii.hk/en/cases/hkca/2011/340?hl=HKSAR%20v%20Lam%20Chi%20Fat

Facts

At about 1pm on a day, it was raining heavily and the road was wet and slippery. The defendant was driving a goods vehicle, with his wife on board. It reached the intersection of two roads, went out of control, crashed into the railings by the pavement on the left, mounted the pavement, hit the canopies and a lamppost outside the shops, and came to a halt. His wife was thrown out of the vehicle (who died three days later), seven pedestrians were injured, and objects outside the shops were damaged. The speed limit was 50 km/hr, the vehicle that the defendant was driving was travelling at about 40 to 50 km/hour. The passers-by could not hear any ‘sounding of the horns’ or braking sounds. There were no skid marks or grease stains on the road. The defendant did not sound the horn, turn on the hazard light, shout loudly, slow down the vehicle, or use the handbrake to stop it. Tests showed that the defendant did not consume alcohol, and there was no mechanical failure in the vehicle.

The defendant was convicted of ‘dangerous driving causing death’ in the District Court, and he appealed to the Court of Appeal.

Issue

Did the defendant’s way of driving constitute ‘dangerous driving’ stipulated under the Road Traffic Ordinance (Cap. 374)?

Ruling and Reasons for judgment

‘Dangerous driving’ consists of two parts: (1) the driving fell far below that of a careful and competent driver, and (2) it would be obvious to a careful and competent driver that driving in such a way would be dangerous.

Whether the way of driving was dangerous is to be decided objectively, according to the way of driving rather than the consequences of the accident.

‘Dangerous’ refers to the danger of injury to any person or serious damage to property. The Court must consider all the circumstances - the matters for consideration include the nature, condition and use of the road, the amount of traffic, and the circumstances (including the physical condition of the defendant) of which the defendant should have known, and the following ways of driving:

1. Excessive speeding, particularly when it is raining and the road is slippery.
2. Non-compliance with traffic signs, such as driving through a police road block, “jumping a red light”, failure to stop in front of a “zebra crossing” to give way to pedestrians, ignoring pedestrian stud crossing and driving past at high speed, driving into a “No entry” section of road, speeding at double white lines, etc.
3. Ignoring road safety regulations, such as intentionally driving a vehicle that is not maintained in good condition, driving a goods vehicle that is greatly overloaded, going against traffic directions, and driving a heavy goods vehicle down a very steep slope, illegal car racing, etc.
4. Disregarding the danger and going on driving, while knowing full well that one’s physical condition is not good and hence not suitable to drive, such as being under the influence of alcohol or drugs or being generally ill.

After the accident happened and in a split second, the defendant failed to take appropriate measures to prevent the accident from further worsening, which were not factors that constituted dangerous driving, and were irrelevant to the charge. The accident was caused by the defendant’s momentary loss of control, at a relatively high speed in the circumstances and when it was raining and the road was slippery. The speed at the time of the accident alone could not prove dangerous driving.

The defendant was guilty of careless driving; a short-term imprisonment was appropriate, and his driving licence is suspended for two years.

Takeaway

A traffic accident causing serious consequences of damage to property and even injury or death to a person does not necessarily mean ‘dangerous driving’, which may be ‘careless driving’.

The consideration is whether or not, at the time of the accident, the defendant’s way of driving was objectively dangerous, including the conduct and circumstances of: speeding, contravention of traffic light signals or traffic signs, overloading, malfunctioned vehicle, drink-driving/feeling ill etc.