Read the full judgment text of CACC 11/2020 on BabelCite. This Court of Appeal judgment was delivered on 20 November 2020 before 潘敏琦法官 (Mimmie Chan J).
Criminal law – burglary – residential burglary – sentence – totality principle – leave to appeal – manifestly excessive – Theft Ordinance (Cap 210) s.11(1)(b) and (4) – applicant pleaded guilty to three counts of burglary in public housing estates – targeted elderly victims – stole cash and valuables worth over HK$130,000 and RMB 100,000 – District Court sentenced 27 months (count 1), 29 months (counts 2 and 3), with counts 1 and 2 concurrent and count 3 consecutive – total 58 months after 1/4 discount for late guilty plea – equivalent starting point 77.3 months – Court of Appeal considered totality principle per AG v Lo Ching Fai and HKSAR v Chan Hing Nam – general range for residential burglaries 5-6 years – exceptional cases like HKSAR v Gao Chuanglu (10 years) involved far more serious facts – 77.3 months arguably excessive – leave to appeal granted – ground amended to challenge manifest excessiveness
Legal issues: Application for leave to appeal against sentence
Outcome: Leave to appeal against sentence granted. The sole ground of appeal is amended to: 'The total sentence of 58 months' imprisonment after a 1/4 discount for three counts of residential burglary is manifestly excessive.'
Cited by 13 cases · Cites 6 cases