香港特別行政區 訴 陳志文

香港特別行政區 訴 陳志文

Applicant failed to demonstrate an arguable appeal and the conviction rested on factual findings; the four-year sentence was in line with precedent; personal compassionate grounds did not justify bail — therefore bail pending appeal was refused.

Source-derived case information.

Citation
香港特別行政區 訴 陳志文
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: 陳志文 (CHAN CHI MAN)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
3 August 2012
Case Number
CACC237/2012
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Bail Pending Appeal Application
Outcome
Bail pending appeal refused.
Legal Topics
Bail Pending Appeal, Conviction on Facts, Standard of Appellate Review, Compassionate Grounds
Source Language
ch
Criminal Law Appellate Procedure Bail Sentencing Bail Pending Appeal Conviction on Facts Standard of Appellate Review Compassionate Grounds

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Parties

Hong Kong Special Administrative Region

Respondent

陳志文 (CHAN CHI MAN)

Applicant

Procedural Posture

Criminal Appeal Against Conviction and Sentence / Bail Pending Appeal Application

Legal Issues

  1. 1 Whether bail pending appeal should be granted
  2. 2 Whether applicant has an arguable appeal
  3. 3 Whether applicant has served the whole or the major part of the sentence so as to make bail appropriate

Ratio Decidendi

Applicant failed to demonstrate an arguable appeal and the conviction rested on factual findings; the four-year sentence was in line with precedent; personal compassionate grounds did not justify bail — therefore bail pending appeal was refused.

Court Disposition

Bail pending appeal refused.

Orders

  • Application for bail pending appeal dismissed.