Read the full judgment text of CACC 000209/1995 on BabelCite. This Court of Appeal judgment was delivered on 17 August 1995 before Litton, V-P, Bokhary and Liu, JJ.A..
Criminal law – theft – sentence – application for leave to appeal against sentence – plea of guilty – s.9 Theft Ordinance – theft of 46 containers worth approximately HK$39 million from unattended barge on winter solstice night – applicant employed as 'land operator' by company owning one of two tugs used in the theft – starting point of 7 years' imprisonment accepted as appropriate – whether unconsidered mitigating factors warranted greater discount from starting point – applicant's exemplary life, clear record, family responsibilities and emotional stress from parents' serious illness and subsequent deaths not placed before sentencing judge – full confession to police that assisted in apprehension of co-offenders – applicant received no benefit from crime and did not know value of containers' contents – favourable testimonial from life-chairman of motor boat and tug boat association – sentencing judge gave discount of 2 years to reach 5 years – Court of Appeal quashed sentence and substituted 3.5 years' imprisonment.
Legal issues: Whether the sentence imposed was excessive in light of unconsidered mitigating factors
Outcome: Leave to appeal against sentence granted; sentence reduced from five years' imprisonment to three and a half years' imprisonment.