刑事檢控科各律師/高級律政 - Department of Justice

More documents

Recommendations

Info

14 the Applicant was sentenced to 2 years’ imprisonment. On appeal Held : A starting point of 3 years’ imprisonment for such an offence was neither wrong in principle nor manifestly excessive. Result - Application dismissed.
15 C. MAGISTRACY APPEALS/ AGAINST CONVICTION / MA 683/2000 Tong DJ (25.8.2000) *Cheung Wai-sun #I/P CHI Wing-kin Guilty plea/Application to reverse plea/Informed decision taken by adult accused - - The Appellant pleaded guilty to three charges of burglary. When the Appellant sought subsequently to reverse his pleas, the magistrate refused his application. In so ruling, the magistrate observed: In the present case, the plea of guilty and the admission of the brief facts by the appellant in court were unequivocal. He had been legally represented, and there was no suggestion that he had not been properly advised by counsel. I was satisfied that the appellant in pleading guilty had not been subject to any duress, he had not been misled by anyone, and there was no misunderstanding on his part. Under those circumstances, I refused leave for him to reverse his plea. On appeal, the Appellant reiterated that he had been pressured by his father and the lawyer into pleading guilty. Held : (1) The father and the lawyer of the Appellant were entitled to give him the benefit of their opinion and advice, even in strong terms. Ultimately, however, it was the Appellant’s own decision to plead guilty to the charges. He was an adult; (2) In reaching her decision, the magistrate was guided by the approach indicated in the authorities of R v Smith (1992) 94 Cr App R 230, R v Turner (1970) 54 Cr App R 352, and R v Peace [1976] Crim L R 119. The correct principles, which were also reflected in Hong Kong in HKSAR v Au Yeung Boon-fai [1999] 3 HKC 605, and HKSAR v Wong Chi-yuk MA 381/99, were applied by the magistrate; (3) The magistrate was right to reject the application to reverse the pleas.
Page 1 and 2: To : All Counsel/Senior Law Clerks/
Page 3 and 4: 3 INDEX A. p. 4 - p. 7 Hong Kong Co
Page 5 and 6: 5 consciously taken the potentially
Page 7 and 8: 7 other steps taken to prevent the
Page 9 and 10: 9 CA 200/2000 Leong, Wong & Keith J
Page 11 and 12: 11 A court ….. should think long
Page 13: 13 and his offer to plead to mansla
Page 17 and 18: 17 supermarket could be distinguish
Page 19 and 20: 19 Section 148A of the Ordinance pr
Page 21 and 22: 21 letter dated 22 October 1997 to
Page 23 and 24: 23 (3) [English digest of MA 9
Page 25 and 26: 25 keep them abreast of what he was
Page 27 and 28: 27 (1) R v Lennard [1973] 1 WLR 483
Page 29 and 30: 29 D. MAGISTRACY APPEALS/ AGAINST S
Page 31 and 32: 31 The facts showed that whilst the
Page 33 and 34: 33 (2) Although the magistrate did
Page 35 and 36: 35 (1) (2) 20 [English d
Page 37 and 38: 37 E. PRACTICE AND PROCEDURE CA 87
Page 39 and 40: 39 F. COSTS IN CRIMINAL CASES HK

刑事檢控科各律師/高級律政 - Department of Justice

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?