Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Attorney general prosecution guidelines
  • 11 Aug 1995

    R. v. CHAN LEONG

    Citation
    R. v. CHAN LEONG
    Court
    Court of First Instance
    Case number
    HCMA169/1995

    Where disputed facts are closely bound up with the ingredients of the offence and with prosecutorial discretion under Attorney General guidelines, a Newton enquiry is proper; facts found on that enquiry are relevant to the degree of mitigation and an unsuccessful challenge may reduce the credit for remorse; accordingly the magistrate was justified in holding a Newton enquiry and in imposing a heavier-than-tariff sentence on the facts of this case.