HKSAR v. WONG CHI KIN

CACC 357/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 357 OF 2004

(ON APPEAL FROM DCCC NO. 435 OF 2004)

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J U D G M E N T

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Hon Stock JA:

1. This is an application for leave to appeal against sentence.  I have no qualms at this stage about the sentence imposed on Charge 2.  However the question arises whether the sentence of four years on Charge 1 and the totality of five years were excessive, given particularly that two years and eight months was the sentence imposed for the offence which the two defendants came to Hong Kong to commit.  The circumstances of bringing in an entrant merely to assist in this offence and then leave Hong Kong again may be different from those connected with the rationale for the five-year tariff to which the judge was referring.  It seems to me that to add a factor of two years and four months for bringing in an assistant to commit the offence for which the two year and eight months sentence is imposed is a matter that deserves consideration by a full court.  Accordingly, leave to appeal against sentence is granted, and I shall also grant this applicant legal aid for the purpose of that appeal.