香港特別行政區 訴 陳永忠

香港特別行政區 訴 陳永忠

The Court refused leave to appeal because the sentencing judge properly applied sentencing principles including the totality principle; the aggregate four‑year sentence was not manifestly excessive given significant aggravating factors (extensive prior convictions, professional offending profile, use of tools and...

Source-derived case information.

Citation
[2025] HKCA 351
Parties
Respondent: 香港特別行政區; Applicant: CHAN WING CHUNG (陳永忠)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
15 April 2025
Case Number
CACC137/2024
Procedural Posture
Criminal Appeal Sentence (application for Leave to Appeal) / Leave to Appeal Application Heard in Court of Appeal; Decision on Leave to Appeal
Outcome
Application for leave to appeal against sentence refused
Legal Topics
Burglary (入屋犯法), Attempted Burglary (企圖入屋犯法), Totality Principle, Concurrent Sentences, Recidivism, Use of Tools, Offending on Bail
Source Language
ch
Criminal Law Sentencing Appeals Burglary (入屋犯法) Attempted Burglary (企圖入屋犯法) Totality Principle Concurrent Sentences Recidivism +2 more

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Parties

香港特別行政區

Respondent

CHAN WING CHUNG (陳永忠)

Applicant

Procedural Posture

Criminal Appeal Sentence (application for Leave to Appeal) / Leave to Appeal Application Heard in Court of Appeal; Decision on Leave to Appeal

  1. 1 Whether the aggregate sentence was manifestly excessive
  2. 2 Whether the sentencing judge correctly applied the totality principle and concurrency
  3. 3 Proper weight to be given to aggravating factors including extensive prior convictions, professionalism and use of tools

Ratio Decidendi

The Court refused leave to appeal because the sentencing judge properly applied sentencing principles including the totality principle; the aggregate four‑year sentence was not manifestly excessive given significant aggravating factors (extensive prior convictions, professional offending profile, use of tools and offending on bail), and appellate intervention was not justified.

Court Disposition

Application for leave to appeal against sentence refused

Orders

  • Leave to appeal against sentence refused
  • Warning given that a further unsuccessful leave application may attract an order under s.83W of the Criminal Procedure Ordinance