THE QUEEN v. VANEZZA R. RAMIREZ

THE QUEEN v. VANEZZA R. RAMIREZ

Where a sentencing magistrate has not complied with s.109A(1) in relation to a young offender, the appellate court should obtain the necessary information or remit the matter to the Magistrate's Court for re-sentencing after the required reports are obtained; failure to comply does not automatically invalidate the...

Source-derived case information.

Citation
THE QUEEN v. VANEZZA R. RAMIREZ
Parties
Respondent: THE QUEEN; Appellant: VANEZZA R. RAMIREZ
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 January 1990
Case Number
HCMA1490/1989
Procedural Posture
Appeal Against Sentence (magistracy) / Hearing and Judgment; Remission Ordered for Re Sentencing
Outcome
Appeal allowed in part: matter remitted to the Magistrate's Court to be dealt with by another Magistrate for re-sentencing after required reports are obtained; appellant to remain in custody pending reports.
Legal Topics
Section 109 a Criminal Procedure Ordinance, Remission to Lower Court, Probation Reports, Youth Offender Sentencing, Magistrates' Duties
Source Language
en
Criminal Law Sentencing Procedure Juvenile Law Section 109 a Criminal Procedure Ordinance Remission to Lower Court Probation Reports Youth Offender Sentencing +1 more

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Parties

THE QUEEN

Respondent

VANEZZA R. RAMIREZ

Appellant

Procedural Posture

Appeal Against Sentence (magistracy) / Hearing and Judgment; Remission Ordered for Re Sentencing

Legal Issues

  1. 1 Whether section 109A CPO requires courts to obtain and consider background reports before sentencing persons aged 16–20
  2. 2 Whether failure to comply with s.109A renders a sentence invalid
  3. 3 Appropriate remedy when s.109A requirements are not complied with on sentencing

Ratio Decidendi

Where a sentencing magistrate has not complied with s.109A(1) in relation to a young offender, the appellate court should obtain the necessary information or remit the matter to the Magistrate's Court for re-sentencing after the required reports are obtained; failure to comply does not automatically invalidate the sentence but renders it open to review and correction by remission or reconsideration.

Court Disposition

Appeal allowed in part: matter remitted to the Magistrate's Court to be dealt with by another Magistrate for re-sentencing after required reports are obtained; appellant to remain in custody pending reports.

Orders

  • Remit matter to the Magistrate's Court to be dealt with by another Magistrate for re-sentencing
  • Court directs that all relevant reports (Probation Officer report and Training Centre report) be obtained and placed before the sentencing Magistrate