香港特別行政區 訴 陳善慈

香港特別行政區 訴 陳善慈

Bail pending appeal was refused because the applicant had served only about 5 months of an aggregate 17-month sentence and, even on the most favourable view, that period was insufficient to reflect the seriousness of the offences; therefore there was no sufficient basis to grant bail pending appeal.

Source-derived case information.

Citation
[2020] HKCA 558
Parties
Respondent: 香港特別行政區 (The Government of the HKSAR); Applicant: CHAN SIN CHI SUZUKI (陳善慈)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 July 2020
Case Number
CACC61/2020
Procedural Posture
Criminal Appeal / Bail Pending Appeal
Outcome
bail application refused
Legal Topics
Bail Pending Appeal, Sentencing, Attempted Obtaining Property by Deception, Failure to Surrender to Custody
Source Language
ch
Criminal Law Criminal Procedure Bail Appeal Sentencing Bail Pending Appeal Attempted Obtaining Property by Deception Failure to Surrender to Custody

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Parties

香港特別行政區 (The Government of the HKSAR)

Respondent

CHAN SIN CHI SUZUKI (陳善慈)

Applicant

Procedural Posture

Criminal Appeal / Bail Pending Appeal

Legal Issues

  1. 1 Whether bail should be granted pending an appeal against sentence
  2. 2 Whether time already served is sufficient to reflect the seriousness of the offences
  3. 3 Whether there is a sufficient basis in the interests of justice to release the applicant pending appeal

Ratio Decidendi

Bail pending appeal was refused because the applicant had served only about 5 months of an aggregate 17-month sentence and, even on the most favourable view, that period was insufficient to reflect the seriousness of the offences; therefore there was no sufficient basis to grant bail pending appeal.

Court Disposition

bail application refused

Orders

  • Bail pending appeal refused.
  • The applicant's application for leave to appeal against sentence is to be listed for hearing by a divisional court as soon as possible.