14 Mar 2013
HKSAR v. NGAI HO TING
- Citation
- HKSAR v. NGAI HO TING
- Court
- Court of Appeal
- Case number
- CACC417/2011
Where a defendant advances mitigation that is relevant to sentence and not inherently incredible, the sentencing judge is obliged, if provisionally not accepting that mitigation, to inform defence counsel so counsel may call evidence; failure to do so can vitiate sentence and justify allowing the appeal and re‑sentencing on the facts most favourable to the appellant.