Read the full judgment text of CACC 392/2008 on BabelCite. This Court of Appeal judgment was delivered on 30 July 2010 before Ma CJHC and Hartmann JA.
Criminal law – sentencing – application for certificate under section 32(2) of the Hong Kong Court of Final Appeal Ordinance, Cap.484 – extension of time – Practice Directions 2.2 and 4.3 – 7-day deadline – Applicant convicted of 10 counts of homosexual buggery with boys aged 13 and 12, indecent assault, making child pornography and possession of child pornography – overall sentence of 11 years' imprisonment (Court of Appeal considered appropriate sentence was 12 years 8 months) – leave to appeal against sentence refused on 8 December 2009 – whether extension of time should be granted for an application over four months out of time – no satisfactory explanation provided – extension refused – first point of law of great and general importance: whether courts sentencing under s.118C of the Crimes Ordinance, Cap 200, where the victim is aged between 13 and 15 years, should take into account the 5-year maximum under s.124 – point unarguable in the absence of a constitutional challenge to s.118C – second point: whether the one-third discount is the high watermark for pleading guilty in sexual cases involving vulnerable witnesses – one-third is usually the high watermark, and sexual offences do not by themselves constitute special circumstances – third point: extent to which an appellate court can confirm or impose sentences not in accordance with the practice prevailing at the time the offence was committed – principle has no application where no prevailing range of sentences can be identified – application dismissed.
Legal issues: Extension of time for s.32(2) Cap.484 certificate application · Sentencing under s.118C Crimes Ordinance where victim aged 13-15 · One-third discount for guilty plea in sexual offences involving vulnerable witnesses · Consistency in sentencing on appeal against practice at time of offence
Outcome: Application dismissed; extension of time refused.
Cited by 33 cases · Cites 2 cases