香港特別行政區 訴 李銘芳

香港特別行政區 訴 李銘芳

The judge found on the whole of the evidence and transcript that the appellant's pleas were made voluntarily and with understanding after repeated explanations and opportunities to obtain counsel; refusal to adjourn was justified because ample time had previously been given; therefore the pleas were valid and the...

Source-derived case information.

Citation
香港特別行政區 訴 李銘芳
Parties
Respondent: 香港特別行政區; Appellant: 李銘芳
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2015
Case Number
HCMA119/2013
Procedural Posture
Criminal Conviction Appeal / Appeal Hearing and Judgment
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Voluntariness of Guilty Plea, Right to Counsel, Adjournment Requests, Record Retention for Minors, Plea Inquiry Procedure
Source Language
ch
Criminal Law Criminal Procedure Youth Justice Voluntariness of Guilty Plea Right to Counsel Adjournment Requests Record Retention for Minors Plea Inquiry Procedure

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Parties

香港特別行政區

Respondent

李銘芳

Appellant

Procedural Posture

Criminal Conviction Appeal / Appeal Hearing and Judgment

  1. 1 Whether the appellant's guilty pleas were voluntary and informed
  2. 2 Whether absence of legal representation and refusal to adjourn rendered the pleas invalid
  3. 3 Whether the appellant's age at the time of offending justified removal of conviction record

Ratio Decidendi

The judge found on the whole of the evidence and transcript that the appellant's pleas were made voluntarily and with understanding after repeated explanations and opportunities to obtain counsel; refusal to adjourn was justified because ample time had previously been given; therefore the pleas were valid and the conviction and sentence were upheld.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Convictions for two counts under Cap.177 s7A(1A) upheld
  • Original sentence of 15 months care and protection order for each count, to run concurrently, affirmed