HKSAR v. Yip Kai Foon

CACC000139C/1997

CACC 138/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 138 OF 1997

(ON APPEAL FROM HCCC 270/1996)

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CACC 139/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 139 OF 1997

(ON APPEAL FROM HCCC 271/1996)

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Coram: Hon Mayo, Wong and Keith JJA in Court

Date of Hearing: 14 December 1999

Date of Decision: 14 December 1999

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D E C I S I O N

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Hon Mayo JA (giving the decision of the Court):

1. We certify that a point of great and general importance arises on this appeal. It is:

"whether serious injuries received by an accused in the course of criminal acts can be a factor which lies for consideration by the sentencing court as to the length of the term of imprisonment to be imposed for those criminal acts".

Representation:

Mr I. Grenville Cross, SC, DPP & Mr P. S. Chapman, SADPP & Ms Denise Chan, SGC of the Department of Justice, for the Respondent

Mr Andrew Macrae, SC & Mr Peter Duncan, instructed by Messrs A. M. Mui & Kwan, for the Applicant