23 Jan 2018
THE SECRETARY FOR JUSTICE v. CHAN YIU TUNG, ANTHONY
- Citation
- [2018] HKCFI 119
- Court
- Court of First Instance
- Case number
- HCMA463/2016
The magistrate erred in law by refusing to receive and consider evidence to determine the actual speed after the respondent pleaded guilty to an amended summary of facts that did not constitute an agreed basis of plea; because there remained a clear, material dispute on speed that could materially affect sentence the magistrate had the power and should have exercised his discretion to hold a Newton or Newton-like hearing to determine the true facts before sentencing.