THE QUEEN v. SHUM SAI WAI FRANCIS
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HCMA000068/1996
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 68 OF 1996
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| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| SHUM SAI WAI FRANCIS | Appellant |
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Coram : Hon. Duffy, J. in Court
Date of hearing : 7 February 1996
Date of handing down judgment : 13 February 1996
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J U D G M E N T
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1. This was an appeal against a conviction for speeding. The only ground of appeal with any merit was that the learned Magistrate had failed to give adequate reasons for her finding of guilt in this case. I agreed. The learned Magistrate's findings were perfunctory in the extreme and give no reason whatsoever why it was that she found against the Defendant. Therefore I allowed the appeal. However, as this is a serious matter and supported by good evidence I thought that it ought to go back for re-trial. I therefore ordered a retrial before another Magistrate.
Representation:
Mr W.S. Cheung, SACP, for Crown
Mr Y.C. Yeung (Karbhari & Cham), for Appellant
| (J.M. Duffy) | |
| Judge of the High Court |