7 Apr 2022
香港特別行政區 訴 鄭奇賢
- Citation
- [2022] HKCFI 603
- Court
- Court of First Instance
- Case number
- HCMA562/2021
The magistrate erred by accepting the appellant's guilty plea and convicting without properly inquiring into the appellant's reserved explanations that, if true, might demonstrate innocence. The magistrate had a duty to consider and, given the appellant was unrepresented, to exercise discretion to permit a change of plea before sentencing. Because there was a real possibility the oral promise could negate liability and the magistrate did not hear the matter or permit amendment, the conviction was unsafe and must be quashed.