HKSAR v. SAHIL KUMAR AND ANOTHER

CACC 173/2021 [2022] HKCA 716 in the high court of the hong kong special administrative region court of appeal criminal appeal no 173 of 2021 (on appeal from HCCC NO 151 of 2020)

BETWEEN

HKSAR Respondent and SAHIL Kumar (D1) 1st Applicant SANJEEV Kumar (D2) 2nd Applicant Before: Hon Macrae VP in Court Date of Hearing: 17 May 2022 Date of Judgment: 17 May 2022

J U D G M E N T I have read the respective written submissions of counsel for the two applicants and the respondent and indicated to Ms Mok for the respondent that she may advance further oral argument if she wishes at this stage. In my view it is reasonably arguable that the starting points adopted in respect of each applicant and the eventual notional sentences after trial (with enhancements) are manifestly excessive and/or wrong in principle. In those circumstances, I shall grant leave to appeal on Ground ‍1 of the 1st applicant’s perfected grounds of appeal against sentence, and Grounds 1 and 2 of the 2nd ‍applicant’s perfected grounds of appeal against sentence. Having granted leave to appeal on Ground 1 of the 1st ‍applicant’s perfected grounds of appeal, I consider I should also grant leave to appeal on Ground 2 of his respective grounds. I do not consider it appropriate at this stage to say anything further as to the merits of the proposed appeals. (Andrew Macrae) Vice President Ms Winnie Mok SPP, of the Department of Justice, for the Respondent Mr H Y Wong, instructed by Boase, Cohen & Collins, assigned by the Director of Legal Aid, for the 1st Applicant Mr John Marray, instructed by the Legal Aid Department, for the 2nd ‍Applicant