PCLL CONVERSION EXAMINATION JANUARY 2014

Title of Paper

Criminal Procedure

Date

7 January 2014

Time

9:30 a.m. 9:45 a.m. (Reading Time)

9:45 a.m. 12:45 p.m.

Instructions
1.

Write your candidate number on the cover of each answer book.

Do NOT write your name in the answer book.

2.

Start each answer on a separate page of the answer book.

3.

Write your answers only in the answer books provided.

4.

This is a three-hour examination.

5.

This is an open book examination.

6.

Reading time for this paper is 15 minutes. Do NOT begin writing in your
answer books during this period until you are instructed to do so.

7.

This paper consists of 3 pages, including Part A and Part B. A total of 50

marks may be awarded.

8.

Part A contains one compulsory question with four sub-sections. The question
contains no element of choice. Candidates should attempt all four sub-sections
in the order in which they appear on the paper. Part A is worth 30 marks.

9.

Part B contains three short questions. This part also contains no element of
choice. Candidates must answer ALL three questions. Part B is worth 20
marks.

10.

The passing mark for this paper is 25 marks.

DO NOT OPEN THIS QUESTION BOOK

UNTIL YOU ARE TOLD TO DO SO

PCLL Conversion Examination January 2014

Criminal Procedure
PART A (30 marks)
Long Fact Pattern
Question 1
Your clients, brothers Jimmy Wong, aged 18, and Tommy Wong aged 15, have been
charged with 3 counts of burglary, contrary to section 11(1) of the Theft Ordinance, Cap.
210, which is an indictable offence. The offence carries a maximum penalty of 14 years
imprisonment.
The police allege that the Wong brothers were burglars, who targeted residential buildings,
which were under renovation, gaining access by climbing up the bamboo scaffolding. They
would enter flats during the daytime, when no one was home, and steal valuables which
were easy to carry away, such as money and jewelry.
Question 1.1
Your clients were detained in custody overnight and will make their first appearances in
court tomorrow. They have told you that they did it and they are anxious to know in
which court or courts they will eventually be dealt with. What advice would you give
them as to the likely venue of trial? Why?
(8 marks)
Question 1.2
Today your clients appeared before their respective trial courts, and both entered pleas of
guilty. Both your clients would like to be sentenced as soon as possible. The court is
considering imposing a sentence of imprisonment. Is there any reason why the court
cannot sentence either or both defendants today?
(6 marks)
Question 1.3
When they are sentenced, having both pleaded guilty, Jimmy Wong is sentenced to 4 years
imprisonment and Tommy Wong is released on probation. Jimmy is unhappy with his
sentence and wishes to appeal.
Jimmy has instructed you to appeal against his sentence. Identify the court to which any
such appeal should be made, the statutory powers which would allow the court to
hear the appeal and the powers of the court on determination the appeal.
(8 marks)
Question 1.4
The Department of Justice is unhappy with the sentence imposed on Tommy and wishes to
have the sentence reviewed by an appellate court. Identify the court to which any such
2

application will be made, the statutory powers which would allow the court to hear
the application and the powers of the court on determination of the application.
(8 marks)
_____________________________________________________________________
PART B (20 marks)
Short Answer Questions
These questions are NOT based on the above Long Fact Pattern.
Question 2
Your client is charged with a serious indictable offence together with a summary
offence. The prosecution would like to commit your client for trial in the Court of
First Instance on both charges. Assuming the proper pre-committal procedures have
been followed, is there any reason why the Magistrate, on the return date, should not
accede to the prosecutions application to commit the defendant for trial on both
charges?
(6 marks)
Question 3
Your client is acquitted in the Magistrates Court, and his application for costs is
refused. His application to review the decision to refuse costs in accordance with
section 104 of the Magistrates Ordinance was refused. Is your client entitled to appeal
against the Magistrates refusal to make an order for costs? Give an authority for
your answer.
(6 marks)
Question 4
Sections 65B and 65C of the Criminal Procedure Ordinance facilitate the proof of
certain facts without the need to call witnesses to give evidence as to those facts. Please
compare and contrast the two provisions, outlining the requirements before either
procedure may be invoked.
(8 marks)

~ End of Examination Paper ~