刑事檢控科各律師/高級律政 - Department of Justice

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excuse.
Held :
(1) In R v Lennard [1973] 1 WLR 483, it was held that ‘no excuse
can be adjudged a reasonable one unless the person from whom
the specimen is required is physically or mentally unable to
provide it or the provision of the specimen would entail a
substantial risk to his health’;
(2) S 39B(6) of Cap 374 was similar to s 3(3) of the Road Safety
Act 1967 which aimed at solving the difficulty the prosecution had
when it proved the offence;
(3) If intoxication could amount to a reasonable excuse, it would be
contrary to the legislative intent;
(4) Although it was submitted that a person could not commit the
offence if he was so drunk that he could not provide a specimen, and
that the failure to provide a specimen was due to his unconscious state,
the Appellant was not unconscious and he understood the request to
provide a specimen.
Result - Appeal dismissed.