Read the full judgment text of CACC 000384/2003 on BabelCite. This Court of Appeal judgment was delivered on 5 February 2004 before Yeung JA, Jackson J.
Criminal law – sentencing – burglary – multiple offences – totality principle – manifestly excessive – guilty plea discount – District Court jurisdiction – leave to appeal – Applicant, a Mainland visitor, pleaded guilty to four burglaries of non-domestic premises in two months, total value $470,000 – had six previous convictions mostly immigration – District Court judge adopted 30 months per count, one-third discount, ordered partial consecutive, total 60 months plus activation of 1-month suspended sentence – on appeal, court found overall starting point of 7.5 years manifestly excessive – court reduced overall starting point to 6 years, resulting in 4 years for burglary counts plus 1 month suspended, total 49 months – leave granted, appeal allowed in part
Legal issues: Manifest excessiveness of overall starting point for multiple burglaries
Outcome: Leave to appeal granted; appeal allowed in part; sentence on four burglary counts reduced to 4 years' imprisonment (48 months) plus activation of 1-month suspended sentence, total 49 months.
Cited by 20 cases