28 Apr 1976
LEUNG FUK LAM v. THE QUEEN
- Citation
- LEUNG FUK LAM v. THE QUEEN
- Court
- Court of Appeal
- Case number
- CACC363/1976
It is incorrect practice for a magistrate to sentence on only one offence and take other guilty pleas into consideration because a plea of guilty is not a conviction until sentence; therefore the court must sentence on each relevant count (or otherwise clarify) to protect the accused's position and the integrity of autrefois convict. The appropriate remedy is to set aside the original sentence and impose sentences on the individual counts producing the same overall custody but ensuring convictions are effective and clear.