HKSAR v. Cheung To Ming
Read the full judgment text of CACC 406/2005 on BabelCite. This Court of Appeal judgment was delivered on 10 February 2006 before Stock JA.
Criminal law – sentencing – leave to appeal against sentence – manifestly excessive – burglary-type offences – non-domestic, unoccupied building – obtaining a meal – whether term of 35 months' imprisonment manifestly excessive – Court of Appeal grants leave to appeal against sentence – photographs to form part of appeal bundle. Looking at the facts and the photographs, the intention was clearly to obtain a meal in a building which was not domestic and was not occupied, and the description of 'ransacking' gave an impression that was perhaps not borne out by the photographs. The Court of Appeal granted the applicant leave to appeal against sentence, considering it appropriate to inquire whether a total of 35 months' imprisonment on these guilty pleas is or is not manifestly excessive. The photographs were directed to be made part of the appeal bundle.
Legal issues: Whether sentence of 35 months' imprisonment is manifestly excessive
Outcome: Leave to appeal against sentence granted; the Court of Appeal will inquire whether 35 months' imprisonment is manifestly excessive
Cites 1 case
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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) ---------------------- BETWEEN
-------------------- Before : Hon Stock JA in Court Dates of Hearing : 10 February 2006 Date of Judgment : 10 February 2006 ------------------------ J U D G M E N T ------------------------ 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 |
Cases cited in this judgment
Further hearings and rulings under CACC 406/2005