Read the full judgment text of CACC 000434/2003 on BabelCite. This Court of Appeal judgment was delivered on 14 April 2004 before Hon Ma CJHC, Stock JA & A Cheung J.
Criminal law – bribery – conspiracy – sentence – manifestly excessive – starting point – offeror vs offeree – breach of trust – Prevention of Bribery Ordinance (Cap 201) s.9(2)(b) – Crimes Ordinance (Cap 200) s.159A – The applicant, manageress of a freight forwarding company, conspired with a Qantas employee to pay monthly bribes for cargo space over 3 years, totalling $332,000. She pleaded guilty and was sentenced to 2 years' imprisonment (starting point 3 years). On appeal, the court considered whether the sentence was manifestly excessive, distinguishing her role from the offeree who breached trust and personally benefited. The court held that a starting point of 24 months was appropriate, and further discounts for plea and personal circumstances led to immediate release. Leave to appeal granted; appeal allowed.
Legal issues: Whether the starting point of 3 years' imprisonment was manifestly excessive
Outcome: Leave to appeal against sentence granted; appeal allowed; sentence reduced to ensure immediate release.
Cited by 14 cases