HKSAR v. WALSH KENT ANDREW

HKSAR v. WALSH KENT ANDREW

The application for a certificate was refused because the issue had become academic after the prosecution offered no evidence and the accused was acquitted; mootness is a strong factor against granting a certificate and the court will only exercise its discretion to hear academic appeals where a sufficiently great public interest justifies doing so.

Citation
[2018] HKCFI 921
Parties
Prosecution: HKSAR; Defendant: Walsh Kent Andrew
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 2018
Case Number
HCCC368/2015
Procedural Posture
Criminal / Application for Certificate to Apply to the Court of Final Appeal Under S32(2) Cap 484 (post Arraignment and Acquittal)
Outcome
Application for certificate refused
Legal Topics
Arraignment, Physical Presence of Accused, Offer of No Evidence, Certificate to Appeal, Mootness, Discretion to Hear Academic Appeals
Source Language
EN
Criminal Procedure Appellate Procedure Public Law Arraignment Physical Presence of Accused Offer of No Evidence Certificate to Appeal Mootness +1 more

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Parties

HKSAR

Prosecution

Walsh Kent Andrew

Defendant

Procedural Posture

Criminal / Application for Certificate to Apply to the Court of Final Appeal Under S32(2) Cap 484 (post Arraignment and Acquittal)

Legal Issues

  1. 1 Whether the physical presence of an accused is required at arraignment where the prosecution offers no evidence
  2. 2 Whether a certificate/leave to appeal should be granted where the issue is academic but of public importance and the court must exercise a discretion to hear moot appeals

Ratio Decidendi

The application for a certificate was refused because the issue had become academic after the prosecution offered no evidence and the accused was acquitted; mootness is a strong factor against granting a certificate and the court will only exercise its discretion to hear academic appeals where a sufficiently great public interest justifies doing so.

Court Disposition

Application for certificate refused

Orders

  • Application for certificate to apply to the Court of Final Appeal refused
  • Applicant may proceed to apply for certificate and leave to appeal pursuant to section 32(3) of the Hong Kong Court of Final Appeal Ordinance, Cap 484