Wan Chun Yip v. HKSAR
Read the full judgment text of FAMC 12/2009 on BabelCite. This FAMC judgment was delivered on 30 March 2009.
Cites 2 cases
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FAMC No. 12 of 2009 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 12 OF 2009 (CRIMINAL) (ON APPLICATION FOR LEAVE TO APPEAL FROM HCMA NO. 806 OF 2008) ---------------------- Between:
---------------------- Appeal Committee : Mr Justice Chan Acting CJ, Mr Justice Bokhary PJ, and Mr Justice Ribeiro PJ Date of Hearing : 30 March 2009 Date of Determination : 30 March 2009 --------------------------------------------- D E T E R M I N A T I O N ------------------------------------------- Mr Justice Bokhary PJ : As we said in Seabrook v. HKSAR (1999) 2 HKCFAR 184 at pp 186J-187A, it is only in “the rarest of cases” that an appeal against sentence would reach the Court of Final Appeal. Seabrook’s case was such a case, involving the resolution of a far-reaching point of sentencing principle. Another such case was Wong Chun Cheong v. HKSAR (2001) 4 HKCFAR 12 which also involved such a point. The present case is in truth one on the quantum of sentence, and is not an appropriate one for leave to appeal to the Court of Final Appeal. In future, it is to be expected that leave applications like this one will be disposed of under rule 7 of the Court’s rules without an oral hearing. Leave is refused.
Mr Andy Hung Hing Shek (instructed by Director of Legal Aid) for the applicant Miss Mary Sin (of the Department of Justice) for the respondent |