HKSAR v. Cheng Nga Kwan

CACC 461/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 461 OF 2003

(On Appeal From District Court Criminal Case No. 169 of 2003)

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BETWEEN

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Before : Hon Cheung JA and Suffiad J in Court

Date of Hearing : 14 September 2005

Date of Judgment : 14 September 2005

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J U D G M E N T

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Hon Cheung JA (giving judgment of the court) :

1.We had previously dealt with this case on 21 July 2005 when we dismissed the applicant’s application to treat her notice of abandonment dated 1 November 2004 as a nullity.  We, however, recommended her to seek a reference by the Chief Executive pursuant to section 83P of the Criminal Procedure Ordinance.  The merits of case are set out in our Judgment of 21 July 2005.

2.The applicant duly petitioned the Chief Executive who on 23 August 2005 referred the case to the Court of Appeal.  The applicant now seeks an application for leave to appeal against her sentence.  The applicant has been on bail pending appeal since 9 September 2005.  The application is conceded by the respondent.

3.We will allow the application and treat it as the appeal proper.  We will substitute the original total sentence of three years imprisonment with a total sentence two years and six months imprisonment.  We will use a starting point of four years for each of the two charges faced by the applicant.  We will adopt the 50% discount used by the judge to reflect the guilty plea and assistance given by the applicant to the prosecution.  This will result in a sentence of two years for each of the offences.  Six months of the second sentence will be served consecutively to the first sentence resulting in a total sentence of two years and six months imprisonment.

Ms Wong Kam Hing, SGC of Department of Justice, for the respondent

Mr. So Kai Ming Selwyn, instructed by Messrs Cheung, Chan & Chung for the 3^rd applicant