6 Nov 2018
The leave application was refused because the judge correctly applied the Ngo Van Nam revised practice in awarding a 20% discount for the late plea given the stage at which it was entered; the sentence of 6 years imprisonment was within judicial discretion and not demonstrably excessive.
28 Jul 2003
Article 35 of the Basic Law extends to statutory tribunals performing judicial functions such as the Medical Council inquiry; the Council erred in refusing an adjournment to enable the appellant to obtain legal representation in good faith and thereby infringed Article 35; the Council's decision was quashed and the matter remitted for a new inquiry with fresh charges and a differently constituted tribunal.
22 Jan 1992
The Court refused leave to appeal because the trial judge properly considered the dangers of identification, found the victim's identification to be reliable and of good quality, and the appellate court was satisfied the conviction was not unsafe; the application to adjourn for legal representation was properly refused because the applicant failed to take the procedural step of requesting deferment after legal aid refusal.
20 Aug 1991
Appeal dismissed as to conviction: magistrate did not err in refusing the short adjournment nor in accepting prosecution witnesses’ evidence and assessing credibility; appeal allowed as to sentence to the limited extent that the suspended 8‑month sentence must be activated and ordered to run consecutively to the 18‑month sentence, producing a total effective sentence of 26 months, because activation was required by section 109C(1) absent injustice.
27 Apr 1972
Conviction was supported by the evidence and is upheld; the trial magistrate erred in withholding bail and imposed a sentence of six months' imprisonment that was manifestly excessive and wrong in principle; the custodial sentence is quashed and substituted with probation for one year, having regard to the appellant's youth, clear record and statutory/probation recommendations.