HKSAR v. Cheung Wing Siu
Read the full judgment text of CACC 76/1998 on BabelCite. This Court of Appeal judgment was delivered on 14 May 1998 before Power, V.-P. and Stuart-Moore, J.A..
Criminal law – arson – reckless as to whether the life of another would be endangered – sentencing – starting point – discount for guilty plea – application for leave to appeal – Court of Appeal – public housing high-rise block – father and other residents at risk – applicant in person. Applicant pleaded guilty to reckless arson after amendment of the charge, following deliberate pouring of inflammable fluid over furniture and setting it ablaze in a public housing flat, then fled and remained at large for about two months. Sentencing judge (Davies J) in the District Court adopted a starting point of 4 years' imprisonment on the basis of the grave risk to life of the applicant's father and all other residents in the high-rise block, and limited the guilty plea discount to one-quarter (rather than the usual one-third) because the amendment did not represent the first real opportunity to plead guilty, resulting in a final sentence of 3 years. Court of Appeal held that the judge was entirely right to choose that starting point and to give only a one-quarter discount, following Chan Yuk-kuen v. R, Criminal Appeal 402 of 1980 on spontaneous arson. Application for leave to appeal against sentence dismissed. Sentence of 3 years' imprisonment upheld.
Legal issues: Whether leave to appeal against sentence for reckless arson should be granted
Outcome: Application for leave to appeal against sentence dismissed.
Cited by 42 cases
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CACC000076/1998 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL 1998, No. 76
--------------------------- Coram: Hon. Power, V.-P. and Stuart-Moore, J.A. in Court Date of hearing: 14 May 1998 Date of judgment: 14 May 1998 ---------------------- J U D G M E N T ---------------------- Stuart-Moore, J.A. (giving the judgment of the Court): 1. This Applicant pleaded not guilty originally at his trial in the District Court to alternative charges of arson, alleging that he either committed arson with intention to endanger life or being reckless as to whether the life of another would be endangered. The particulars of these offences make this clear, although the usual form of this indictment should also have shown this in the Statement of Offence. For some reason this was overlooked although it has no bearing on this appeal. 2. On 2nd January 1998, the Applicant pleaded guilty to arson being reckless as to whether the life of another would be endangered following an amendment of the particulars to that charge, and he was found not guilty of the other offence. A Probation Officer's Report was then obtained and on 16th January 1998, Judge Davies sentenced the Applicant to 3 years' imprisonment. The Applicant now seeks leave to appeal against his sentence. 3. In his grounds of appeal, he makes reference to the Judge having reached his decision without considering the degree of damage to the things which were left at the scene. He believes that the Judge had not considered the case in the light of this being a family dispute and today he has told this that he acted on a momentary impulse which makes this not such as serious case as the judge seems to have thought it was. He has told us that his father was drunk at the time which led to a heated argument and finally he adds that, as a single parent, he needs to be able to support his son. 4. In passing sentence the Judge said this:
5. We are grateful to Ms Denise Chan for having provided us with some useful authorities and in particular that of Chan Yuk-kuen v. R, Criminal Appeal 402 of 1980, which deals with a situation of arson which has risen without premeditation. The judge was entirely right to choose the starting point that he did and to give the Applicant a reduction only of one-quarter. 6. This application must, therefore, be dismissed.
Representation: Ms Denise CHAN, G.C. (D.P.P.) for Respondent. Applicant in person. |
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