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The Court of Appeal refused leave to appeal against refusal to admit a late medical expert report in probate proceedings, finding no error in case management.
The Court of Appeal dismissed Dr Chu Kin Wah’s application for leave to appeal against a Medical Council disciplinary decision, holding the proposed questions were fact-specific.
The Court held there was no error in the trial judge's factual findings or application of sentencing law: the asserted mediating conduct by D1 did not amount to a mitigating feature sufficient to reduce culpability in the context of a premeditated, weapon‑assisted, large‑scale riot; the 7‑year baseline for the riot was an appropriate starting point for these offenders; plea discounts and concurrency orders were properly applied; accordingly permission to appeal against sentence was refused and the original sentences were upheld.
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The Court held the trial judge erred in principle by under‑estimating the real risk of distribution from the defendant's pattern of possession and conduct; the 12‑month benchmark should have been uplifted by six months for distribution risk and, after allowing one‑third reduction for plea and a customary further three‑month adjustment on review, the appropriate sentence is nine months immediate imprisonment; the Secretary for Justice's review application is allowed and the original sentence set aside and replaced accordingly.
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The Court allowed the appellant's sentence appeal, finding the aggregate sentence was manifestly excessive relative to the applicant's actual culpability compared with co‑defendants; it recalibrated the starting point for count 8 to 39 months, applied a one‑third guilty plea discount and a three‑month delay reduction to yield 23 months for count 8, ordered 4 months of the 11‑month sentence on count 3 to run consecutively to the 23 months (total effective sentence 27 months), and substituted the sentences accordingly.
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The Court of Appeal refused leave to appeal against sentence for trafficking 27,297.8 grammes of herbal cannabis, upholding the sentencing approach and rejecting challenges to mitigation and scientific evidence.
The court refused a certificate for leave to appeal, holding the proposed conflict with Li Cho Nim was fact-specific and not a reasonably arguable point of great and general importance.
On rehearing of the evidence including repeated review of the dash-cam footage, the court found the trial judge correctly accepted the prosecution's account and the video demonstrating appellant entered and crossed into the oncoming lane of traffic on the roundabout without leaving a safe distance; the Road Users' Code requires drivers on the roundabout to be given priority and appellant misapplied the Code; applying the rehearing standard the court was satisfied beyond reasonable doubt that appellant drove carelessly and upheld the conviction.
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The Court of Appeal refused leave to appeal against an 8 years 8 months sentence for trafficking 238.6461 kg of herbal cannabis, and did not admit fresh evidence.
On a full rehearing of the evidence the court is satisfied beyond reasonable doubt that (1) the person who met PW1 and PW2 was the appellant; (2) PW2 was acting as an agent of the deceased for funeral‑related matters by virtue of the P3 instrument and conduct; (3) the appellant made an offer of HK$3,000 as a rebate/commission connected to the deceased's funeral arrangements; and (4) the appellant intended the benefit to influence PW2 in her role as agent—therefore the conviction under s9(2)(a) Cap.201 is safe and the appeal is dismissed.
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