HKSAR v. CHAN SIU KUEN

HKSAR v. CHAN SIU KUEN

The court denied the application for leave to appeal against conviction out of time and dismissed the renewed application against sentence because the applicant offered no substantial or bona fide reason for the delay, his denial contradicted his unequivocal guilty plea and the evidence established joint enterprise; the sentence was within the applicable tariff and properly imposed; the court ordered that 2 months of custody pending determination shall not count towards his sentence (loss of time).

Citation
HKSAR v. CHAN SIU KUEN
Parties
Applicant/convict: Applicant (D1); Co Accused/co Defendant: Co-accused (D2); Respondent/prosecution: HKSAR
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
5 September 2014
Case Number
CACC300/2013
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Application for Leave to Appeal Against Conviction Out of Time and Renewed Application for Leave to Appeal Against Sentence; Judgment on Applications
Outcome
Applications dismissed; leave to appeal against conviction out of time denied; renewed application against sentence dismissed; 2 months loss of time ordered.
Legal Topics
Robbery, Joint Enterprise, Guilty Plea, Extension of Time, Loss of Time
Source Language
EN
Criminal Law Appeals Sentencing Robbery Joint Enterprise Guilty Plea Extension of Time Loss of Time

Case Brief

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Parties

Applicant (D1)

Applicant/convict

Co-accused (D2)

Co Accused/co Defendant

HKSAR

Respondent/prosecution

Procedural Posture

Criminal Appeal Against Conviction and Sentence / Application for Leave to Appeal Against Conviction Out of Time and Renewed Application for Leave to Appeal Against Sentence; Judgment on Applications

Legal Issues

  1. 1 Whether to grant extension of time to apply for leave to appeal against conviction
  2. 2 Whether the applicant can recant his guilty plea
  3. 3 Whether the robbery was properly treated as a joint enterprise

Ratio Decidendi

The court denied the application for leave to appeal against conviction out of time and dismissed the renewed application against sentence because the applicant offered no substantial or bona fide reason for the delay, his denial contradicted his unequivocal guilty plea and the evidence established joint enterprise; the sentence was within the applicable tariff and properly imposed; the court ordered that 2 months of custody pending determination shall not count towards his sentence (loss of time).

Court Disposition

Applications dismissed; leave to appeal against conviction out of time denied; renewed application against sentence dismissed; 2 months loss of time ordered.

Orders

  • Application for leave to appeal against conviction out of time denied
  • Renewed application for leave to appeal against sentence dismissed