4 May 2022
香港特別行政區 訴 吳彥達
- Citation
- [2022] HKCFI 1238
- Court
- Court of First Instance
- Case number
- HCMA320/2020
Refusal to grant out-of-time leave was correct because the delay was lengthy and inadequately explained, the application lacked bona fides, and the proposed appeal had no real prospect of success since the psychiatric report described conscious impulsive conduct not total loss of voluntary control and did not support a defence that would vitiate the pleas; therefore the magistrate properly exercised discretion and grant of leave would cause unfairness to prosecution.