Read the full judgment text of CACC 490/2011 on BabelCite. This Court of Appeal judgment was delivered on 22 February 2013 before Stock VP, Line J, McWalters J.
Criminal law – bookmaking – money laundering – sentencing – concurrent sentences – leave to appeal out of time – Gambling Ordinance (Cap 148) s.7(1)(a) – Organised and Serious Crimes Ordinance (Cap 455) s.25(1) – HKSAR v Chan Kim Chung Nelson – appellant convicted of bookmaking as general agent of a syndicate with seven agents and 20 customers, handling bets on soccer and basketball with total betting amount of $4,401,987 and RMB 1,323,300 over a short period and estimated annual turnover of $20 million – also convicted of money laundering involving proceeds of his own bookmaking – District Court sentenced 3 years for each charge with 6 months consecutive, total 3 years 6 months – appellant sought leave to appeal sentence out of time – court granted leave, finding reasonable explanation for delay and merit in concurrent sentences argument based on HKSAR v Chan Kim Chung Nelson – court held money laundering added nothing to culpability beyond bookmaking, so sentences should be concurrent – court ordered both sentences of 3 years to run concurrently, reducing total to 3 years – sentence for bookmaking not manifestly excessive given scale of operation – appeal allowed in part.
Legal issues: Leave to appeal sentence out of time · Whether sentences for bookmaking and money laundering should be concurrent · Whether the sentence for bookmaking was manifestly excessive
Outcome: Appeal against sentence allowed; sentences for bookmaking and money laundering ordered to run concurrently, reducing total sentence from three years and six months to three years' imprisonment.
Cited by 1 case · Cites 1 case