Read the full judgment text of CACC 147/2003 on BabelCite. This Court of Appeal judgment was delivered on 24 August 2011 before Stock VP, McWalters J.
Criminal procedure – appeal – abandonment of appeal – application to treat abandonment as a nullity – trafficking in 3.94 kilogrammes of methamphetamine hydrochloride – sentence of 16 years' imprisonment on starting point of 24 years – applicant sentenced in March 2003 – applicant abandoned appeal against sentence in July 2003 – applicant applied in February 2011 to treat abandonment as nullity – Rule 39 of the Criminal Appeal Rules – Criminal Procedure Ordinance (Cap 221) s.83P – HKSAR v Lai Siu Cheung [2004] 3 HKLRD 1 – Medway (1976) 62 Cr App R 85 – whether the Court of Appeal retained jurisdiction once appeal was abandoned – whether abandonment could be treated as a nullity – whether the mind of the applicant went with his act of abandonment – whether applicant made a deliberate and informed decision – burden on applicant to satisfy nullity test by credible evidence – mistakes as to prospects of success on appeal do not satisfy the test – Court functus officio once appeal deemed dismissed – application dismissed
Legal issues: Whether abandonment of appeal should be treated as a nullity
Outcome: Application to treat abandonment of appeal as a nullity dismissed
Cited by 3 cases