Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Admissions in mitigation

Legal area

Court

25 Jul 1996

R v. WU CHUN PIU

Citation

R v. WU CHUN PIU
Court

Court of Appeal
Case number

CACC38/1991

Although the omission in the summing-up might have favoured the applicant, the court treated the admissions of guilt made through counsel (and accepted in mitigation at sentencing) as binding on the applicant and concluded that no miscarriage of justice had occurred; accordingly leave to appeal out of time was refused.
27 Apr 1993

R v. WU CHUN-PIU

Citation

R v. WU CHUN-PIU
Court

Court of Appeal
Case number

CACC38/1991

Although the summing-up contained a material omission in relation to an officer's evidence about pre-parade discussion (an error that could have entitled the appellant to succeed), the Court declined leave to appeal out of time because the appellant had effectively admitted commission of the offences through his counsel's mitigation and the Court was satisfied that no miscarriage of justice had actually occurred.