Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Evidence at sentencing
  • 18 Oct 1979

    RE JOHN KEPPEL STONHAM

    Citation
    RE JOHN KEPPEL STONHAM
    Court
    Court of First Instance
    Case number
    HCMP334/1979

    The Full Bench held that a magistrate may not of his own motion take judicial notice of a previous conviction or introduce antecedents not evidenced before the court; previous convictions must be proved or admitted, and lacking statutory authority to the contrary the magistrate's review which relied on such unproved antecedents constituted an error on the face of the record warranting certiorari.