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Hong Kong decisions
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The Court of Appeal refused leave to appeal against a 20-month sentence for theft by finding and attempted obtaining property by deception involving a credit card.
The appeal judge allowed the appeal against sentence, finding the trial judge failed adequately to weigh pre-charge full restitution and the appellant's age, health and emotional/financial pressures; the appellate court set concurrent reduced terms (3 months on each count with 1.5 months concurrent) totaling 4.5 months and suspended that term for 12 months, applying a one-third guilty plea discount and an overall 50% mitigation for pre-charge full repayment.
Source excerpt
The Court of Appeal varied sentence, holding the starting point for the credit-card offences was too high and adjusting the consecutive term under totality principles.
The Court of Appeal refused bail pending appeal after conviction, holding the applicants had not shown a prima facie prospect of success and no injustice from amendment of the indictment.
The Court of Appeal refused leave to appeal against conviction and sentence for deception, fraud, forgery and use of a false instrument arising from a bogus PCLL application.
Sentence appeal in a social welfare fraud case. The court upheld custody as appropriate but reduced the sentence on mercy grounds, allowing the appellants’ immediate release.
Leave to appeal against sentence was refused. The court upheld a 4 years and 4 months aggregate sentence for multiple dishonesty offences and restated Clark guidance.
Court of Appeal refused leave to the first applicant and dismissed the second applicant’s sentence appeal in a false credit card case involving consecutive terms.
The High Court dismissed an appeal against convictions for attempt to obtain property by deception, holding that proffering counterfeit Omega watches could amount to representation by conduct.
The Court of Appeal refused leave to appeal against false accounting convictions, holding the jury directions on gain and loss were adequate and no unfair prejudice was shown.
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