香港特別行政區 訴 潘家偉

香港特別行政區 訴 潘家偉

Given the extreme gravity, prolonged and collective nature of the conspiracy to falsify test reports on a major cross-border infrastructure project, and the substantial public interest and remediation costs, the 21-month sentence was not manifestly excessive; leave to appeal against sentence was refused.

Source-derived case information.

Citation
[2019] HKCA 880
Parties
Respondent: Hong Kong Special Administrative Region; Applicant: Poon Ka Wai (潘家偉)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
31 July 2019
Case Number
CACC345/2018
Procedural Posture
Criminal Sentencing Appeal (leave to Appeal) / Court of Appeal Leave Application Against Sentence
Outcome
Leave to appeal against sentence refused.
Legal Topics
Conspiracy to Defraud, Fabrication of Test Reports, Sentencing Principles, Undermining Public Confidence in Certification
Source Language
ch
Criminal Law Fraud Sentencing Public Interest Construction Safety Conspiracy to Defraud Fabrication of Test Reports Sentencing Principles +1 more

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Parties

Hong Kong Special Administrative Region

Respondent

Poon Ka Wai (潘家偉)

Applicant

Procedural Posture

Criminal Sentencing Appeal (leave to Appeal) / Court of Appeal Leave Application Against Sentence

  1. 1 Whether the 21-month sentence was manifestly excessive
  2. 2 Appropriate weight of aggravating features: prolonged, collective misconduct affecting major public infrastructure
  3. 3 Whether mitigation (family background) justified a reduced sentence

Ratio Decidendi

Given the extreme gravity, prolonged and collective nature of the conspiracy to falsify test reports on a major cross-border infrastructure project, and the substantial public interest and remediation costs, the 21-month sentence was not manifestly excessive; leave to appeal against sentence was refused.

Court Disposition

Leave to appeal against sentence refused.

Orders

  • Leave to appeal against sentence refused