|
CACC000022A/2000
CACC 22/2000
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 22 OF 2000
(ON APPEAL FROM DCCC 770/1999)
__________________
| BETWEEN |
|
|
|
HKSAR |
Respondent |
|
|
|
|
AND |
|
|
|
|
|
HO KUN WING |
Applicant |
______________
Coram: Hon Mayo VP, Wong JA and Keith JA in Court
Date of Hearing: 30 June 2000
Date of Judgment: 30 June 2000
______________
J U D G M E N T
______________
Hon Mayo VP (giving the judgment of the Court):
1. It is not necessary to rehearse all the facts as the situation has been set out in our judgment relating to the application for leave to appeal against his conviction.
2. Notwithstanding a most eloquent submission from Mr Macrae SC we do not consider that it would be right for us to interfere with the sentence of 9 months imprisonment which was imposed.
3. We accept that the applicant is a man of hitherto excellent character and that this fall from grace will be felt most keenly by him and his family. However it was quite a serious conspiracy which was practised over a protracted period. The Judge gave careful consideration to all the mitigating factors. We do not consider that the sentence was either wrong in principle or manifestly excessive. Accordingly the application is dismissed.
| (Simon Mayo) |
(Michael Wong) |
(Brian Keith) |
| Vice-President |
Justice of Appeal |
Justice of Appeal |
Representation:
Mr K P Zervos, SADPP of the Department of Justice, for the respondent
Mr A Macrae, SC, instructed by Messrs Knight and Ho, for the applicant
|