13 Oct 1995
The magistrate had jurisdiction and discretion to permit withdrawal and substitution of charges during committal proceedings; his exercise of that discretion was not flawed or Wednesbury-unreasonable; and the court will not supervise the Attorney General's prosecution decisions except in exceptional, initially justiciable cases amounting to outrageous conduct.
18 May 1988
The District Judge erred in taking a 4-year starting point for this simple, non-violent commercial burglary. Correct approach: one such burglary warrants 2 years, the two additional offences taken into consideration increase the effective sentence to 3 years, less 9 months for the plea of guilty and mitigation, resulting in an adjusted sentence of 2 years 3 months; leave to appeal is granted and sentence reduced accordingly.
6 May 1987
The transfer order of 5 November 1986 was beyond the magistrate's jurisdiction and is quashed by certiorari; the nolle prosequi placed before the magistrate became effective and the subsequent fresh charge was valid; mandamus is appropriate to compel the second magistrate to hear and determine the re‑instituted charge (Fanling Magistracy Case No.1255/1987).
5 Dec 1985
The Crown's without-prejudice letter constituted an immunity-offer on which the applicant detrimentally relied by giving an uncautioned statement and expecting pleas to lesser charges; it was unfair to proceed with the murder trial and the conviction was therefore unsafe and quashed.
16 Jul 1985
Section 88 of the Magistrates Ordinance, read in its plain mandatory terms, permits the Attorney-General to apply at any time up to the Magistrate's announcement of decision and, when such an application is made in due form for an indictable offence not excluded by the schedule, the Magistrate is obliged to transfer the matter to the District Court; post-decision the Magistrate is functus officio and cannot entertain such an application.
26 Oct 1979
The purported nolle prosequi was not validly authorised and did not terminate proceedings; the original sentences were unduly lenient and on appeal the Court substituted aggregate concurrent sentences to reflect the seriousness of the offences (four years on each of the three first-case charges and five years on the last charge, to run concurrently).
23 Nov 1978
On the evidence admitted and assessed for sentencing the judge was satisfied beyond reasonable doubt that the 1st defendant knowingly used his vehicle to transport a large quantity of morphine for the purpose of unlawful trafficking and was more than a mere driver; traces of drugs in his home and surrounding evidence could be taken into account for sentencing though manufacturing was not proved; accordingly an appropriate sentence of eight years' imprisonment was imposed.
12 Apr 1973
The magistrate acted erroneously in awarding costs under s.69(1) because the Attorney General's entry of a nolle prosequi effects a discharge under s.15(1) rather than a dismissal of the information under s.69(1); s.69(1) does not empower the magistrate to order costs against the Crown following a nolle prosequi; therefore the magistrate's $500 costs order must be discharged.