HKSAR v. WU MING FAT SIMON

HKSAR v. WU MING FAT SIMON

Given the admitted falsity of the bills of lading, the judge's acceptance of evidence that the applicant knew the goods would not come into his companies' possession, the large total value of letters of credit (about HK$49.72m) and actual losses to banks, the Court held the five year sentence was not manifestly excessive and refused the application for leave to appeal against sentence.

Citation
HKSAR v. WU MING FAT SIMON
Parties
Applicant/defendant: Applicant; Respondent/prosecution: HKSAR
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 March 2004
Case Number
CACC531/2002
Procedural Posture
Criminal Appeal Against Sentence / Leave to Appeal Determined (application Dismissed)
Outcome
Application dismissed
Legal Topics
Procuring Execution of a Valuable Security by Deception, Letters of Credit, Sentencing Starting Point, Manifestly Excessive Sentence, Totality Principle
Source Language
EN
Criminal Law Fraud Theft Sentencing Appeal Procuring Execution of a Valuable Security by Deception Letters of Credit Sentencing Starting Point +2 more

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Parties

Applicant

Applicant/defendant

HKSAR

Respondent/prosecution

Procedural Posture

Criminal Appeal Against Sentence / Leave to Appeal Determined (application Dismissed)

Legal Issues

  1. 1 Whether applicant had knowledge of falsity of bills of lading
  2. 2 Whether underlying transactions/goods were genuine and negated deception
  3. 3 Extent to which high value security mitigated risk to banks and reduced culpability

Ratio Decidendi

Given the admitted falsity of the bills of lading, the judge's acceptance of evidence that the applicant knew the goods would not come into his companies' possession, the large total value of letters of credit (about HK$49.72m) and actual losses to banks, the Court held the five year sentence was not manifestly excessive and refused the application for leave to appeal against sentence.

Court Disposition

Application dismissed

Orders

  • Application for leave to appeal against sentence dismissed