Read the full judgment text of CACC 000363/1997 on BabelCite. This Court of Appeal judgment was delivered on 4 July 1997 before Power V.-P., Mortimer JA, Mayo JA.
Criminal law – attempted robbery – illegal immigrant – functus officio – conviction quashed – sentence discount – prosecution policy – absolute discharge – The applicant was convicted of attempted robbery and remaining in Hong Kong illegally – trial judge gave absolute discharge on robbery due to concerns about witness credibility – Court of Appeal held judge was not functus officio and could have reversed conviction – appeal allowed, conviction quashed – on immigration charge, sentence varied to immediate release applying R. v. Ng Tung-fong – application for review dismissed.
Legal issues: Functus officio – power to reverse conviction after finding guilt but before sentence · Sentence discount for illegal immigrant when co-charge is quashed
Outcome: Appeal against conviction allowed; conviction quashed. Application for review dismissed. Appeal against sentence allowed; sentence varied to immediate release.
Cited by 2 cases