香港特別行政區 訴 曾子熙又名曾佳源

香港特別行政區 訴 曾子熙又名曾佳源

Leave to appeal was refused because the applicant withdrew the conviction appeal and, in any event, had made admissions and a confession under caution leaving no arguable basis to challenge conviction; on sentence the original judge had already given a lenient term (28 months) for a minor role so there was no...

Source-derived case information.

Citation
[2019] HKCA 307
Parties
Applicant: TSANG TSZ HEI (also known as TSANG KAI YUEN); Respondent: Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
8 March 2019
Case Number
CACC180/2018
Procedural Posture
Criminal Appeal (application for Leave to Appeal Against Conviction and Sentence) / Leave to Appeal Application (refused)
Outcome
application for leave to appeal against conviction and sentence refused; conviction and sentence upheld
Legal Topics
Burglary (entering Premises), Admissions/confessions, Leave to Appeal, Role in Offence (lookout/secondary Participant)
Source Language
ch
Criminal Law Appeal Sentencing Burglary (entering Premises) Admissions/confessions Leave to Appeal Role in Offence (lookout/secondary Participant)

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Parties

TSANG TSZ HEI (also known as TSANG KAI YUEN)

Applicant

Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal (application for Leave to Appeal Against Conviction and Sentence) / Leave to Appeal Application (refused)

Legal Issues

  1. 1 whether leave to appeal conviction should be granted
  2. 2 whether leave to appeal sentence should be granted
  3. 3 whether there are arguable grounds given applicant's admissions and confession

Ratio Decidendi

Leave to appeal was refused because the applicant withdrew the conviction appeal and, in any event, had made admissions and a confession under caution leaving no arguable basis to challenge conviction; on sentence the original judge had already given a lenient term (28 months) for a minor role so there was no reasonable prospect of reducing it by the 2–3 months sought.

Court Disposition

application for leave to appeal against conviction and sentence refused; conviction and sentence upheld

Orders

  • Leave to appeal against conviction refused
  • Leave to appeal against sentence refused