HKSAR v. Chan Yip Chi
Read the full judgment text of CACC 153/2001 on BabelCite. This Court of Appeal judgment was delivered on 17 August 2001.
1. I grant the Applicant leave to appeal against his sentence. The judge did not state what his overall starting-point was in the case of the Applicant, but it can be inferred from what he said about D1 that he took an overall starting-point of 6 years' imprisonment and discounted it by 50% to reflect the Applicant's pleas of guilty, his offer to give evidence against D2 and the totality principle. In my opinion, it is arguable that the overall starting-point was much too high, and that the appr
Cites 2 cases
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CACC000153/2001 CACC 153/2001 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CRIMINAL APPEAL NO. 153 OF 2001 (ON APPEAL FROM DCCC NO. 1181 OF 2000) ______________
______________ Coram: Keith JA in Court Date of Hearing: 17 August 2001 Date of Judgment: 17 August 2001 _______________ J U D G M E N T _______________ 1. I grant the Applicant leave to appeal against his sentence. The judge did not state what his overall starting-point was in the case of the Applicant, but it can be inferred from what he said about D1 that he took an overall starting-point of 6 years' imprisonment and discounted it by 50% to reflect the Applicant's pleas of guilty, his offer to give evidence against D2 and the totality principle. In my opinion, it is arguable that the overall starting-point was much too high, and that the appropriate overall starting-point, having regard to the fact that the Applicant had four counterfeit credit cards which he used in an unsuccessful attempt to obtain goods worth about $16,000.00, should have been in the region of 3 years' imprisonment: see Poon Cho Chu (CACC 55/2000).
Representation: Applicant in person. Mr Jackson Poon, of the Department of Justice, for the Respondent. | ||||||||||||||||||||||
Cases cited in this judgment
Further hearings and rulings under CACC 153/2001