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CACC 163/2005
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 163 OF 2005
(ON APPEAL FROM DCCC NO. 71 OF 2005)
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BETWEEN
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HKSAR |
Respondent |
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and |
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CHAN YING KIT (陳英傑) |
Applicant |
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Before: Hon Stuart-Moore VP, Tang JA and McMahon J in Court
Date of Hearing: 11 January 2006
Date of Judgment: 11 January 2006
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J U D G M E N T
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Hon Tang JA (giving the judgment of the Court):
1. The applicant and Po Chi-man were jointly charged with one count of “conspiracy to steal” and were each sentenced to imprisonment for 28 months.
2. In CACC 163/2005 we allowed Po’s appeal against sentence and reduced his sentence to 2 years. We also indicated at that time that the applicant should be informed of the result of that appeal so that he could consider applying for leave to appeal against sentence out of time.
3. The applicant has now applied for leave to appeal against sentence out of time.
4. The respondent accepts that the applicant’s situation is not distinguishable, and has rightly conceded that this application should be granted.
5. In the circumstances, we grant leave to appeal against sentence out of time and treating the hearing of the application as the hearing of the appeal, we would reduce the sentence to 2 years. To this extent, the appeal is allowed.
(M. Stuart-Moore)
Vice-President |
(Robert Tang)
Justice of Appeal |
(M.A. McMahon)
Judge of the Court of First Instance |
Mr Derek Lai, SGC, of the Department of Justice, for the Respondent.
Mr Giles Surman, instructed by Director of Legal Aid, for the Applicant.
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