Read the full judgment text of CACC 000492/1996 on BabelCite. This Court of Appeal judgment was delivered on 11 February 1997 before Power Ag. C.J., Bokhary JA, Mayo JA.
Criminal law – robbery – immigration offence – sentence – application for leave to appeal out of time – whether delay in obtaining age evidence from China justified – whether sentence of four years' imprisonment for two counts of robbery and one count of remaining in Hong Kong without permission manifestly excessive or wrong in principle. Held, application is entirely without merit because an application for leave to appeal could have been lodged notwithstanding that the applicant was awaiting receipt of the age evidence – no prospect of success even if leave to proceed out of time were granted – the robberies involved invasion of domestic premises at night with two accomplices and use of a chopper to terrorise female victims – the trial judge mercifully ordered the immigration offence count to run concurrently with the robbery sentences – sentences were neither manifestly excessive nor wrong in principle – application dismissed.
Legal issues: Whether leave to appeal sentence out of time should be granted · Whether the sentence was manifestly excessive or wrong in principle
Outcome: Application for leave to appeal against sentence dismissed.