9 Aug 1990
THE QUEEN v. KAN WAH CHEUNG
- Citation
- THE QUEEN v. KAN WAH CHEUNG
- Court
- Court of Appeal
- Case number
- CACC85/1990
Because there was a substantial dispute between the prosecution facts admitted and the defence mitigation about the appellant's degree of participation, the sentencing judge must have the factual basis of the sentence resolved (by hearing evidence or submissions) before finalizing sentence; absent such resolution the Court of Appeal remitted the matter to the trial judge to determine the factual basis although it did not alter the sentence itself at this stage.