HKSAR v. Jiang Jinsheng
Read the full judgment text of CACC 442/2004 on BabelCite. This Court of Appeal judgment was delivered on 6 January 2005.
1. This is an application for leave to appeal against sentence. The applicant pleaded guilty to an unarmed robbery in respect of which the judge took a starting point of five years’ imprisonment. That starting point, as Mr Cheung points out, is appropriate for robbery with a weapon; and my attention has been drawn to a decision in a case called Lam Ka-hung Cr App No. 294 of 2003 which further indicates that the starting point adopted by the judge in this particular case ought to be examined.
Cites 1 case
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CACC 442/2004 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CRIMINAL APPEAL NO. 442 OF 2004 (ON APPEAL FROM DCCC NO. 823 OF 2004) ---------------------- BETWEEN
______________ Coram : Hon Stock JA in Court Date of Hearing : 6 January 2005 Date of Judgment : 6 January 2005 --------------------- J U D G M E N T ---------------------- Hon Stock JA: 1.This is an application for leave to appeal against sentence. The applicant pleaded guilty to an unarmed robbery in respect of which the judge took a starting point of five years’ imprisonment. That starting point, as Mr Cheung points out, is appropriate for robbery with a weapon; and my attention has been drawn to a decision in a case called Lam Ka-hung Cr App No. 294 of 2003 which further indicates that the starting point adopted by the judge in this particular case ought to be examined. Furthermore, the question arises whether the totality which involves making the sentences run wholly consecutively was justified. It seems to me that the case deserves consideration by the full court and accordingly I shall grant leave to appeal against these sentences.
Mr Cheung Wai-sun, DPGC of the Department of Justice for the Respondent Applicant, Jiang Jinsheng, in person |
Cases cited in this judgment
Further hearings and rulings under CACC 442/2004