香港特別行政區 訴 陳永忠

香港特別行政區 訴 陳永忠

Leave to appeal against sentence refused. The Court held the aggregate 4‑year sentence was not manifestly excessive because the original sentencing judge properly applied starting points and uplift factors, correctly weighed the applicant's extensive prior convictions and aggravating features (professional burglar,...

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
CACC138/2024
Procedural Posture
Criminal Sentencing Appeal / Leave to Appeal Application (court of Appeal Hearing)
Outcome
Leave to appeal against sentence refused
Legal Topics
Domestic Burglary, Attempted Burglary, Totality Principle, Concurrent Sentencing, Aggravating Factors, Guilty Plea Discount
Source Language
ch
Criminal Law Sentencing Appeal Domestic Burglary Attempted Burglary Totality Principle Concurrent Sentencing Aggravating Factors +1 more

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Parties

香港特別行政區

Respondent

CHAN WING CHUNG (陳永忠)

Applicant

Procedural Posture

Criminal Sentencing Appeal / Leave to Appeal Application (court of Appeal Hearing)

  1. 1 Whether the aggregate sentence of 4 years was manifestly excessive
  2. 2 Proper application of the totality principle and concurrency
  3. 3 Weight to be given to prior convictions and offending on bail

Ratio Decidendi

Leave to appeal against sentence refused. The Court held the aggregate 4‑year sentence was not manifestly excessive because the original sentencing judge properly applied starting points and uplift factors, correctly weighed the applicant's extensive prior convictions and aggravating features (professional burglar, use of tools, offending on bail, entry into occupied premises at night), and lawfully ordered partial concurrency under the totality principle.

Court Disposition

Leave to appeal against sentence refused

Orders

  • Leave to appeal against sentence refused
  • Warning given under Criminal Procedure Ordinance s83W about risk of a reduction order if a renewed unsuccessful application is made