The Queen v. Shum Sai Wai Francis
Read the full judgment text of HCMA 68/1996 on BabelCite. This High Court CFI judgment was delivered on 13 February 1996.
1. This was an appeal against a conviction for speeding. The only ground of appeal with any merit was that the learned Magistrate had failed to give adequate reasons for her finding of guilt in this case. I agreed. The learned Magistrate's findings were perfunctory in the extreme and give no reason whatsoever why it was that she found against the Defendant. Therefore I allowed the appeal. However, as this is a serious matter and supported by good evidence I thought that it ought to go back for r
|
HCMA000068/1996 IN THE SUPREME COURT OF HONG KONG (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 68 OF 1996 ----------------------
----------------------- Coram : Hon. Duffy, J. in Court Date of hearing : 7 February 1996 Date of handing down judgment : 13 February 1996 -------------------- J U D G M E N T -------------------- 1. This was an appeal against a conviction for speeding. The only ground of appeal with any merit was that the learned Magistrate had failed to give adequate reasons for her finding of guilt in this case. I agreed. The learned Magistrate's findings were perfunctory in the extreme and give no reason whatsoever why it was that she found against the Defendant. Therefore I allowed the appeal. However, as this is a serious matter and supported by good evidence I thought that it ought to go back for re-trial. I therefore ordered a retrial before another Magistrate. Representation: Mr W.S. Cheung, SACP, for Crown Mr Y.C. Yeung (Karbhari & Cham), for Appellant
|