HKSAR v. NGAN PIK CHUN, PEGGY AND ANOTHER

HKSAR v. NGAN PIK CHUN, PEGGY AND ANOTHER

Appellants were substantially and actively involved in organised conspiracies to defraud a public housing authority; magistrates properly imposed immediate custodial sentences to reflect gravity and deterrence; the 1st appellant's sentences in the two matters should run concurrently.

Citation
HKSAR v. NGAN PIK CHUN, PEGGY AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: NGAN PIK CHUN, PEGGY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 June 2007
Case Number
HCMA279/2007
Procedural Posture
Magistracy Appeal (appeal From Magistrates' Courts) / Sentence Appeal; Judgment Delivered 1 June 2007
Outcome
Appeal by 2nd appellant dismissed; appeal by 1st appellant allowed only to the extent of ordering sentences in the two matters to run concurrently; other sentences and orders upheld.
Legal Topics
Conspiracy to Defraud, Sentencing Custody V Community Service, Mitigation and Delay, Concurrency of Sentences
Source Language
EN
Criminal Law Fraud Sentencing Law Conspiracy to Defraud Sentencing Custody V Community Service Mitigation and Delay Concurrency of Sentences

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Parties

HKSAR

Respondent

NGAN PIK CHUN, PEGGY

1st Appellant

Procedural Posture

Magistracy Appeal (appeal From Magistrates' Courts) / Sentence Appeal; Judgment Delivered 1 June 2007

Legal Issues

  1. 1 Whether immediate custodial sentences were justified for conspiracies to defraud a public body
  2. 2 Whether appellants were mere facilitators or substantially involved conspirators
  3. 3 Whether delay and personal circumstances mitigated sentence

Ratio Decidendi

Appellants were substantially and actively involved in organised conspiracies to defraud a public housing authority; magistrates properly imposed immediate custodial sentences to reflect gravity and deterrence; the 1st appellant's sentences in the two matters should run concurrently.

Court Disposition

Appeal by 2nd appellant dismissed; appeal by 1st appellant allowed only to the extent of ordering sentences in the two matters to run concurrently; other sentences and orders upheld.

Orders

  • Appeal by the 2nd appellant dismissed
  • Appeal by the 1st appellant allowed to the extent that sentences in HCMA853/2006 and HCMA279/2007 shall run concurrently