HKSAR v. STEPHEN DARYL BARNES

HKSAR v. STEPHEN DARYL BARNES

The application for leave was refused because the applicant failed to show a reasonably arguable ground: existing authorities (R v Sheppard and Shimmen) remain persuasive and have not been distinguished, and the contested point is narrow and not of great and general importance meriting consideration by the Court of Final Appeal.

Citation
HKSAR v. STEPHEN DARYL BARNES
Parties
Respondent: HKSAR; Applicant: Stephen Daryl Barnes
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 July 2000
Case Number
HCMA124/2000
Procedural Posture
Magistracy Appeal (hcma124/2000) / Application for Certificate for Leave to Appeal to the Court of Final Appeal (leave Application)
Outcome
Application for certificate for leave to appeal refused
Legal Topics
Mens Rea, Wilful Vs Recklessness, Leave to Appeal, Statutory Interpretation
Source Language
EN
Criminal Law Appellate Procedure Professional Regulation Mens Rea Wilful Vs Recklessness Leave to Appeal Statutory Interpretation

Case Brief

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Parties

HKSAR

Respondent

Stephen Daryl Barnes

Applicant

Procedural Posture

Magistracy Appeal (hcma124/2000) / Application for Certificate for Leave to Appeal to the Court of Final Appeal (leave Application)

Legal Issues

  1. 1 Whether 'wilfully' in section 46(1) of the Legal Practitioners Ordinance imports recklessness
  2. 2 Whether there is a reasonably arguable ground of appeal sufficient to grant leave to the Court of Final Appeal
  3. 3 Whether R v Sheppard and The Chief Constable of Avon and Somerset v Shimmen require reconsideration by the Court of Final Appeal

Ratio Decidendi

The application for leave was refused because the applicant failed to show a reasonably arguable ground: existing authorities (R v Sheppard and Shimmen) remain persuasive and have not been distinguished, and the contested point is narrow and not of great and general importance meriting consideration by the Court of Final Appeal.

Court Disposition

Application for certificate for leave to appeal refused

Orders

  • Application for certificate for leave to appeal to the Court of Final Appeal refused