22 Jan 2003
The magistrate did not err in assessing the aggravating and mitigating features and there was no inducement by bank or police; however, given the appellant's personal circumstances, first conviction and delay, the 15-month starting point was excessive and should be reduced to a 12-month starting point leading to a substituted sentence of 8 months imprisonment.
23 Feb 1999
The Court held it was proper to exercise its power under s.83A Criminal Procedure Ordinance to substitute convictions where the evidence plainly disclosed alternative offences that a trial judge could properly have convicted upon and where no injustice would result. Applying that approach, the Court substituted (a) an offence of attempting to obtain a pecuniary advantage by deception (s.18 Theft Ordinance) for the charge in CACC293/98 and (b) thefts of things in action (s.9 Theft Ordinance) for the charges in CACC349/98; granted leave to appeal and entered guilty verdicts on the substituted c…