HKSAR v. Chan Yuet Wing

Read the full judgment text of CACC 212/2002 on BabelCite. This Court of Appeal judgment was delivered on 16 July 2002.

1. Notwithstanding what the applicant says this was a case of burglary of commercial premises. The fact that he was under the influence of alcohol is not a mitigating factor.

Cites 1 case

Case No.CACC 212/2002
Court
Court of Appeal
Date16 Jul 2002
Judge
Case Document
100%Judiciary

CACC000212/2002

CACC 212/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 212 OF 2002

(ON APPEAL FROM DCCC 249 OF 2002)

______________

BETWEEN
HKSAR Respondent
AND
CHAN YUET-WING Applicant

______________

Coram: Hon Mayo VP in Court

Date of Hearing: 16 July 2002

Date of Judgment: 16 July 2002

_______________

J U D G M E N T

_______________

1.Notwithstanding what the applicant says this was a case of burglary of commercial premises. The fact that he was under the influence of alcohol is not a mitigating factor.

2.There were no special circumstances such as to justify a departure from the guideline starting point of 21/2 years' imprisonment for the burglary of commercial premises. There is also no reason to doubt the accuracy of the statements made by Mr Mui his legal adviser on affidavit.

3.This application for leave to appeal against sentence is accordingly dismissed.

(Simon Mayo)
Vice-President

Representation:

Miss Lily Wong, SGC, of the Department of Justice, for the Respondent.

Applicant in person.

Other Judgments in This Case

Further hearings and rulings under CACC 212/2002