Read the full judgment text of CACC 000225/2003 on BabelCite. This Court of Appeal judgment was delivered on 21 November 2003 before Stuart-Moore VP, Stock JA and Lugar-Mawson J.
Criminal law – sentencing – handling stolen goods – domestic burglary – starting point – manifestly excessive – persistent offender – double enhancement – appeal against sentence – Court of Appeal – handling of a stolen watch valued at about $11,200 pawned less than six hours after a domestic burglary in Fanling – applicant arrested at Lo Wu – whether starting point of three years for handling stolen goods was manifestly excessive – held, yes; a starting point of 18 months was appropriate having regard to the absence of aggravating features such as violence, sophistication, high profit and a regular outlet, and the modest value and profit involved – whether the judge erred in principle by enhancing the sentence both for persistent offending and for coming to Hong Kong for the purpose of offending – held, yes; the two grounds of enhancement were in substance the same aggravating feature and justified only a single nine-month enhancement under the principle in HKSAR v Chan Pui Chi – leave granted – sentence of four years quashed and substituted with two years and three months' imprisonment – appeal allowed to that extent.
Legal issues: Whether the starting point of three years for handling stolen goods was manifestly excessive · Whether the judge double-enhanced the sentence for persistent offending and coming to Hong Kong to commit crime
Outcome: Leave to appeal granted; sentence of four years' imprisonment quashed and substituted with a term of two years and three months' imprisonment; appeal allowed to that extent.
Cited by 26 cases · Cites 1 case