香港特別行政區 訴 CHEUNG KA CHUN

香港特別行政區 訴 CHEUNG KA CHUN

The Court granted leave to appeal out of time, treated the grant as a substantive appeal, found the appellant's assistance to the authorities to be a valid mitigating factor, allowed the appeal and reduced the original sentence from 7 years 4 months to 5 years 6 months.

Source-derived case information.

Citation
香港特別行政區 訴 CHEUNG KA CHUN
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: Cheung Ka Chun (張家俊)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 May 2017
Case Number
CACC226/2016
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Out of Time / Substantive Appeal Allowed
Outcome
Appeal allowed; original sentence quashed and replaced with a reduced custodial term.
Legal Topics
Late Leave to Appeal, Mitigation for Assistance to Authorities, Sentence Reduction
Source Language
ch
Criminal Law Drug Trafficking Sentencing Appellate Procedure Late Leave to Appeal Mitigation for Assistance to Authorities Sentence Reduction

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Hong Kong Special Administrative Region

Respondent

Cheung Ka Chun (張家俊)

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Out of Time / Substantive Appeal Allowed

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether the appellant's assistance to law enforcement justifies a reduced sentence

Ratio Decidendi

The Court granted leave to appeal out of time, treated the grant as a substantive appeal, found the appellant's assistance to the authorities to be a valid mitigating factor, allowed the appeal and reduced the original sentence from 7 years 4 months to 5 years 6 months.

Court Disposition

Appeal allowed; original sentence quashed and replaced with a reduced custodial term.

Orders

  • Leave to appeal out of time granted
  • The late application is treated as a substantive appeal and the appeal is allowed