The Queen v. Leung Chun Pui

CACC000317/1986

BETWEEN

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Coram: Sir Alan Huggins, V.-P., Kempster, J.A. & Macdougall, J.

Date of Hearing: 13th August 1986

Data of Judgment: 13th August 1986

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JUDGMENT

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Sir Alan Huggins, V.-P.:

1. The Applicant seeks leave to appeal against his conviction on a charge of criminal damage. He filed a Notice of Appeal on 26th June of this year and the matter came before a single judge on 7th July, whereupon the matter was fixed for hearing today. On 8th August there was filed a document headed 'Grounds of Appeal against Conviction of the Appellant" and that document raised grounds of appeal not considered by the single judge and clearly requiring the filing of evidence Counsel, who was only recently instructed, has appeared before us today and has had to ask for an adjournment. He comes before us without ever having seen the Notice of Appeal, a copy of which was not supplied to him by his instructing solicitors and (we are told)a copy of which is not even in the possession of the solicitors, and counsel has asked that he be given an opportunity to file evidence.

2. We are reluctant to let the Applicant suffer for the negligence of his solicitors and we feel compelled to grant the adjournment asked for. There will be an adjournment to a date to be fixed. At the adjourned hearing we shall require the solicitors to show cause why they should not personally pay the costs thrown away by this adjournment due to what appears to be misconduct on their part.

3. My brother reminds me that we have agreed to direct that notice of the hearing for showing cause by the solicitor should be given to the Law Society.

13th August 1986

Representation:

R. Spicer for Appellant.

I. G. Cross for Respondent.