HKSAR v. Sahil Kumar and Another

CACC 173 /2021

[2022] HKCA 716

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 173 OF 2021

(ON APPEAL FROM HCCC NO 151 OF 2020)

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Before:  Hon Macrae VP in Court

Date of Hearing:  17 May 2022

Date of Judgment:  17 May 2022

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J U D G M E N T

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1.I have read the respective written submissions of counsel for the two applicants and the respondent and indicated to Ms Mok for the respondent that she may advance further oral argument if she wishes at this stage. In my view it is reasonably arguable that the starting points adopted in respect of each applicant and the eventual notional sentences after trial (with enhancements) are manifestly excessive and/or wrong in principle. In those circumstances, I shall grant leave to appeal on Ground 1 of the 1^st applicant’s perfected grounds of appeal against sentence, and Grounds 1 and 2 of the 2^nd applicant’s perfected grounds of appeal against sentence.

2.Having granted leave to appeal on Ground 1 of the 1^st applicant’s perfected grounds of appeal, I consider I should also grant leave to appeal on Ground 2 of his respective grounds. I do not consider it appropriate at this stage to say anything further as to the merits of the proposed appeals.

Ms Winnie Mok SPP, of the Department of Justice, for the Respondent

Mr H Y Wong, instructed by Boase, Cohen & Collins, assigned by the Director of Legal Aid, for the 1^st Applicant

Mr John Marray, instructed by the Legal Aid Department, for the 2^nd Applicant