Read the full judgment text of CACV 118/2018 on BabelCite. This Court of Appeal judgment was delivered on 12 October 2018 before Yuen JA, Barma JA.
Criminal procedure – magistrates – bail – representation by counsel – s.18 Magistrates Ordinance – judicial review – leave – Applicant prosecuted for pedestrian negligence under s.48 Road Traffic Ordinance – magistrate imposed $100 cash bail after applicant briefly absent – applicant represented by counsel – applicant sought judicial review – judge refused leave on paper – appeal – Court of Appeal found judge failed to consider s.18 – applicant's case at least reasonably arguable in light of Owen John Inglis v Loh Lai Kuen, Eda – leave granted – costs in cause
Legal issues: Leave for judicial review: arguable case
Outcome: Appeal allowed; leave granted to applicant to bring judicial review proceedings.
Cited by 3 cases · Cites 1 case