HKSAR v. Chiu Fai

CACC000332/2002

CACC 332/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 332 OF 2002

(ON APPEAL FROM HCCC NO. 308 of 2001)

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Coram: Hon Stock JA in Court

Date of Hearing: 17 December 2002

Date of Judgment: 17 December 2002

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J U D G M E N T

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Hon Stock JA:

1This applicant pleaded guilty before a magistrate to charges of a number of offences, and was committed to the High Court for sentence. Upon his arrest he volunteered to the authorities the fact of a number of burglaries and a theft, all offences occurring on the same day. He was arrested on the following day, 25 April 2001 for possession of an offensive weapon. He now seeks leave to appeal against the sentence of four years' imprisonment.

2Whilst the sentence for the possession of the offensive weapon may well said to be light, there are a number of matters which I would prefer to be examined by a full court, most particularly, the starting point of seven years' imprisonment which the learned High Court Judge said was, on totality, an appropriate one. Given that none of the premises was occupied, that one of the premises was a commercial premises and that the applicant himself volunteered the information about all but one of these offences, but for which he would not have been charged with them; in other words, as far as I understand the position, he was not the suspect in any (but one) of these matters - it is for consideration whether the starting point and the resulting sentence of four years' imprisonment was or was not excessive. Accordingly, I grant leave to the applicant to appeal against sentence out of time.

Representation:

Applicant in person

Mr P S Chapman, SADPP of the Department of Justice for the Respondent