Read the full judgment text of CACC 000383/1998 on BabelCite. This Court of Appeal judgment was delivered on 9 December 1998 before Power V.-P., Mayo JA, Stuart-Moore JA.
Criminal law – sentencing – blackmail – starting point – disparity – appeal – Theft Ordinance Cap 210 s.23 – HKSAR v. WONG FU WA AND ANOTHER – Both applicants pleaded guilty to blackmail in the District Court and were sentenced to 3 years imprisonment – They sought leave to appeal against sentence – The 1st Applicant claimed to be a local bully and 14K member, demanding $10,000 from a bar proprietor, later negotiated to $8,000 monthly plus beer – The 2nd Applicant supported the 1st Applicant – The Court of Appeal held that the starting point of 5 years was too high but 4 years after trial was not excessive – The court found no merit in the disparity argument as the 2nd Applicant's role was supportive – Both applicants entitled to 1/3 reduction for pleas – Sentences reduced from 3 years to 2 years and 8 months – Appeal allowed to that extent.
Legal issues: Appropriate starting point for blackmail sentence · Disparity in sentence between co-applicants
Outcome: Appeal allowed; sentences reduced from 3 years to 2 years and 8 months imprisonment for both applicants.
Cited by 3 cases