香港特別行政區 訴 王大大

香港特別行政區 訴 王大大

Leave to appeal against sentence was granted because there were arguable legal questions as to whether the indicated aggregate sentence (97.5 months) was manifestly excessive and whether the trial judge misapplied the observation in The Queen v Tong Hoi Fung when elevating individual baseline sentences, making the...

Source-derived case information.

Citation
[2021] HKCA 150
Parties
Applicant: Wang DADA (王大大); Respondent: Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
2 February 2021
Case Number
CACC122/2020
Procedural Posture
Criminal Sentence Appeal / Leave to Appeal Granted
Outcome
Permission to appeal against sentence granted
Legal Topics
Burglary (入屋犯法), Illegal Entry (非法入境), Totality Principle, Consecutive Vs Concurrent Sentences
Source Language
ch
Criminal Law Sentencing Appeals Immigration Offences Burglary (入屋犯法) Illegal Entry (非法入境) Totality Principle Consecutive Vs Concurrent Sentences

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Parties

Wang DADA (王大大)

Applicant

Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Sentence Appeal / Leave to Appeal Granted

Legal Issues

  1. 1 Whether the aggregate sentencing indication of 97.5 months was manifestly excessive
  2. 2 Whether sentences for multiple counts of burglary and illegal entry must be fully consecutive when the overall sentence reaches a certain length
  3. 3 Whether the trial judge erred in elevating each burglary baseline to 33 months by misreading The Queen v Tong Hoi Fung [1988] 1 HKLR 610 (611 I–J)

Ratio Decidendi

Leave to appeal against sentence was granted because there were arguable legal questions as to whether the indicated aggregate sentence (97.5 months) was manifestly excessive and whether the trial judge misapplied the observation in The Queen v Tong Hoi Fung when elevating individual baseline sentences, making the matter fit for appellate consideration.

Court Disposition

Permission to appeal against sentence granted

Orders

  • Leave to appeal against sentence granted