Read the full judgment text of CACC 000107/1994 on BabelCite. This Court of Appeal judgment was delivered on 14 July 1994 before Macdougall V-P, Saied J, Stuart-Moore J.
Criminal law – sentencing – obtaining pecuniary advantage by deception – obtaining property by deception – fraud – HK$5.7 million – extradition from United States – time spent in custody pending extradition – general rule that offender who flees is author of own misfortune – exception where custody through no fault of own – error in extradition process – six weeks reduction – appeal allowed – sentence reduced by six weeks – applicant fled to USA after fraud – arrested 1 Feb 1993 – extradition certified on 16 Aug 1993 on only two charges – amendment took six weeks – applicant not at fault.
Legal issues: Reduction for time spent in custody pending extradition
Outcome: Appeal allowed; sentence reduced by six weeks.
Cited by 2 cases