HKSAR v. Chan Wai Man
Read the full judgment text of CACC 177/2001 on BabelCite. This Court of Appeal judgment was delivered on 27 December 2001 before Mayo VP.
Criminal law – appeal against sentence – leave to appeal – restitution – whether applicant given credit for co-operation towards restitution – applicant sentenced in DCCC 775/2000 – whether co-operation towards restitution was reflected in sentence – court concerned that applicant may not have been credited for such co-operation – whether leave to appeal against sentence should be granted on the ground of restitution credit – held: leave granted – restitution/credit issue warrants further investigation – applicant in person, respondent represented by Ms Grace Chan, SGC of the Department of Justice – judgment of Mayo VP dated 27 December 2001
Legal issues: Whether leave to appeal against sentence should be granted on the ground of restitution credit
Outcome: Leave to appeal against sentence granted; matter remitted for investigation of the restitution/credit issue
Cites 1 case
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CACC000177/2001 CACC 177/2001 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CRIMINAL APPEAL NO. 177 OF 2001 (ON APPEAL FROM DCCC 775 OF 2000) ______________
______________ Coram: Hon Mayo VP in Court Date of Hearing: 27 December 2001 Date of Judgment: 27 December 2001 _____________ J U D G M E N T _____________ 1. I am prepared to grant leave to appeal against the sentence imposed. The one issue which occasions me concern is the question of restitution. It may be the case that the applicant co-operated to this end and that he may not have been given credit for it. This aspect of the matter should be investigated. Leave is accordingly granted.
Representation: Ms Grace Chan, SGC, of the Department of Justice, for the Respondent Applicant in person |
Cases cited in this judgment
Further hearings and rulings under CACC 177/2001