香港特別行政區 訴 廖子文

香港特別行政區 訴 廖子文

Bail pending appeal was granted because, notwithstanding doubts about the applicability of Prison Rules r.69(1) to one of the offences, there was a realistic prospect that the Court would adopt the original judge's intended reduced sentence leading to an earliest release around 27 December 2022 (about one month from...

Source-derived case information.

Citation
[2022] HKCA 1765
Parties
Applicant: LIU TSZ MAN (廖子文); Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 November 2022
Case Number
CACC115/2022
Procedural Posture
Criminal Appeal — Bail Pending Appeal / Application for Bail Pending Appeal in the Court of Appeal (determination of Bail)
Outcome
Bail pending appeal granted
Legal Topics
Bail Pending Appeal, Calculation of Earliest Release Date, Application of Prison Rules R.69(1) (remission), Sentence Computation, Appellate Intervention on Sentence
Source Language
ct
Criminal Law Procedural Law Sentencing Prison Regulations Bail Bail Pending Appeal Calculation of Earliest Release Date Application of Prison Rules R.69(1) (remission) +2 more

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Parties

LIU TSZ MAN (廖子文)

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal Appeal — Bail Pending Appeal / Application for Bail Pending Appeal in the Court of Appeal (determination of Bail)

Legal Issues

  1. 1 Whether Prison Rules r.69(1) (one‑third remission for good conduct) applies to the sentence in DCCC 570/2021
  2. 2 Proper method to calculate earliest release date and effect of prior remand days
  3. 3 Whether bail pending appeal should be granted given the prospects of appellate reduction and likely early release

Ratio Decidendi

Bail pending appeal was granted because, notwithstanding doubts about the applicability of Prison Rules r.69(1) to one of the offences, there was a realistic prospect that the Court would adopt the original judge's intended reduced sentence leading to an earliest release around 27 December 2022 (about one month from the hearing); accordingly the balance favoured release on bail under conditions announced at the hearing.

Court Disposition

Bail pending appeal granted

Orders

  • Applicant granted bail pending appeal on the conditions announced at the hearing