HKSAR v. Ng Pui-ling, Akina

CACC 519/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

criminal APPEAL NO. 519 OF 2005

(ON APPEAL FROM DCCC NO. 429 of 2005)

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BETWEEN

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Before:   Hon Stuart-Moore VP

Date of Hearing: 14 July 2006

Date of Judgment: 14 July 2006

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J U D G M E N T

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1.The applicant was convicted by Judge M Yuen on seven charges of obtaining property by deception and one charge of possessing an identity card relating to another person (charge 12) following a trial in the District Court.  A sentence totalling 4 years and 9 months’ imprisonment was imposed.

2.Mr Eddie Sean responsibly and rightly accepted on behalf of the respondent that the 3-year starting point adopted by the judge on the 12^th charge was manifestly excessive.  This was apparently imposed without reference to authority.  In any event, therefore, leave must be given.  Whether a successful appeal against sentence on this charge will be of any value to the applicant will depend on the view taken by the full court when the matter is heard.  I say this because only 3 months of the sentence on the 12^th charge was ordered to run consecutively to the 4½ years imposed by the judge on the remaining charges all of which related to the fraudulent use of counterfeit credit cards.

3.The full court may also wish to consider the totality of sentence in the light of various recent decisions in this court since the formulation of the sentencing guidelines in R v Chan Sui-to and Anor [1996] 2 HKCLR 128.

4.Leave to appeal against sentence is granted.

Mr Eddie Sean, SGC, of the Department of Justice, for the Respondent.

The Applicant (D1), in person.