HKSAR v. Brian Alfred Hall

Case No.

Court

Date02 Sep 2013

Judge—

Case Document

100%

CAC C 18/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 18 OF 2012

(ON APPEAL FROM DCCC NO. 1431 OF 2009)

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BETWEEN

	HKSAR	Respondent
	And
	BRIAN ALFRED HALL also known as ALFRED HALL BRAIN also known as JOHN ASANTE	Applicant

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Before: Hon Stock VP, Fok JA and Beeson J in Court

Date of Handing Down Decision: 2 September 2013

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D E C I S I O N

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Hon Stock VP (giving the Decision of the Court):

1.In a judgment handed down on 6 March 2013, we dismissed this applicant’s application for leave to appeal conviction and said that we would give an opportunity for submissions as to why an order should not be made that time spent pending the hearing of the application should not count towards the sentence imposed. Submissions on behalf of the applicant were filed in April but for reasons which are unclear, did not come to the attention of the Court until mid-July. Given that delay, which is no fault of the applicant or his advisers, we do not consider it appropriate to make an order for loss of time.

(Frank Stock)	(Joseph Fok)	(C-M Beeson)
Vice-President	Justice of Appeal	Judge of the Court of First Instance

Mr Kevin P Zervos, SC, DPP, Mr Michael Arthur (on fiat) & Mr Antony Leung, PP of Department of Justice, for the Respondent

Mr Oliver Davies instructed by Tso Au Yim & Yeung, assigned by D.L.A., for the Applicant