Read the full judgment text of HCMA 111/2018 on BabelCite. This Court of First Instance judgment was delivered on 8 May 2018 before A Wong J.
Criminal procedure – magistracy appeal – abatement on appellant's death – section 113(1) of the Magistrates Ordinance (Cap 227) – whether appeal abates where appellant dies before hearing – court retains discretion to continue or abate – factors to be considered: whether leave to appeal has been or would be granted, existence of an applicant willing to continue the appeal, ability to continue on a proper adversarial basis with legal representation, and the applicant's interest in continuing the appeal – appellant pleaded guilty in Kwun Tong Magistrates' Courts to speeding, driving without a driving licence, and using a motor vehicle without third party insurance – prior convictions for trafficking in a dangerous drug and possession of a dangerous drug – custodial sentences of two months' imprisonment (concurrent) imposed on the second and third charges with 12 months' disqualification – appellant appealed against the custodial sentences and disqualification – appellant died days before the appeal hearing – no party sought to continue the appeal – magistrate's sentencing approach (starting point of three months, one-third discount for guilty plea, concurrent sentences) was not challenged by any continuing party – appeal and related proceedings ordered to terminate and abate by reason of death – no order as to costs in the circumstances.
Legal issues: Whether a magistracy appeal abates on appellant's death before hearing
Outcome: Appeal and related legal proceedings terminated and abated by reason of the appellant's death before the appeal hearing.
Cited by 29 cases · Cites 3 cases