HKSAR v. Cheung To Ming

CACC 406/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 406 OF 2005

(ON APPEAL FROM DCCC NO. 507 OF 2005)

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BETWEEN

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Before : Hon Stock JA in Court

Dates of Hearing : 10 February 2006

Date of Judgment : 10 February 2006

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J U D G M E N T

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Hon Stock JA:

1.Looking at the facts of this particular case and also at the photographs which I have seen, it seems that the intention was clearly to obtain a meal in a building which was not domestic and was not occupied.  The description of ransacking gives an impression that is, perhaps, not borne out by the photographs.  It seems to me that in these circumstances the Court of Appeal should inquire whether a total of 35 months’ imprisonment on these pleas of guilty is or is not manifestly excessive.  Accordingly, I shall grant the applicant leave to appeal against sentence.  The photographs should be made part of the appeal bundle.

Miss Anna YK Lai SGC of the Department of Justice for the Respondent

Applicant, Cheung To Ming, in person