Read the full judgment text of CACC 000263/1993 on BabelCite. This Court of Appeal judgment was delivered on 21 January 1994 before Yang CJ, Macdougall V-P, Kaplan J.
Criminal law – sentencing – conspiracy to rob – possession of firearms – consecutive sentences – totality principle – appeal against sentence – leave to appeal – reduction of total sentence – refusal of leave. Tse Sui Keung pleaded guilty to conspiracy to rob and possession of a firearm and ammunition. He was sentenced to 4 years and 8 years consecutive (total 12). On appeal, the Court of Appeal applied the totality principle and reduced the total to 9 years by ordering only 5 years of the firearms sentence to run consecutively. Cheung Wan and Yau Sun Choi applied for leave to appeal against their sentences for robbery and conspiracy to rob. The court found their sentences appropriate and refused leave.
Legal issues: Totality principle for consecutive sentences · Leave to appeal against sentence (3rd and 4th Applicants)
Outcome: 1st Applicant: Appeal against sentence allowed, total sentence reduced from 12 years to 9 years. 3rd and 4th Applicants: Applications for leave to appeal against sentence refused.