香港特別行政區 訴 黃嘉森

香港特別行政區 訴 黃嘉森

The sentencing judge did not commit a material or principled error: having regard to the offender's role, the vulnerability of elderly victims, the amounts lost and relevant precedents, the individual starting points, the statutory uplift and the application of the totality principle produced a sentence within the...

Source-derived case information.

Citation
[2025] HKCA 445
Parties
Applicant: WONG KA SUM (黃嘉森); Respondent: 香港特別行政區
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 May 2025
Case Number
CACC171/2024
Procedural Posture
Criminal — Leave to Appeal Against Sentence (out of Time) / Application for Leave to Appeal Against Sentence (out of Time)
Outcome
Application for leave to appeal against sentence refused.
Legal Topics
Conspiracy to Defraud, Sentencing Guidelines, Totality Principle, Sentencing Uplift Under Organized and Serious Crimes Ordinance S27(2), Out of Time Leave Procedure
Source Language
ch
Criminal Law Sentencing Appeal Conspiracy to Defraud Sentencing Guidelines Totality Principle Sentencing Uplift Under Organized and Serious Crimes Ordinance S27(2) Out of Time Leave Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

WONG KA SUM (黃嘉森)

Applicant

香港特別行政區

Respondent

Procedural Posture

Criminal — Leave to Appeal Against Sentence (out of Time) / Application for Leave to Appeal Against Sentence (out of Time)

  1. 1 Whether the overall sentence of 60 months was manifestly excessive
  2. 2 Whether the sentencing judge erred in applying uplift under Organized and Serious Crimes Ordinance s27(2)(c),(d),(e)
  3. 3 Application of the totality principle and concurrent vs consecutive sentencing

Ratio Decidendi

The sentencing judge did not commit a material or principled error: having regard to the offender's role, the vulnerability of elderly victims, the amounts lost and relevant precedents, the individual starting points, the statutory uplift and the application of the totality principle produced a sentence within the allowable range; accordingly, the out‑of‑time leave application is refused for lack of a real prospect of success.

Court Disposition

Application for leave to appeal against sentence refused.

Orders

  • Leave to appeal refused.
  • Applicant warned under Criminal Procedure Ordinance s83W regarding risk of remission/reduction orders.