26 Feb 2009
HKSAR v. CHAN WAI HUNG
- Citation
- HKSAR v. CHAN WAI HUNG
- Court
- Court of Appeal
- Case number
- CACC283/2008
Once the Court of Appeal began to hear the application for leave to appeal the applicant could not exercise a Rule 39 abandonment; because the applicant had deliberately feigned psychotic symptoms to obtain an inappropriate Hospital Order the court would not allow him to benefit from that fraud and exercised its statutory power under s 83I(3) to substitute a proper sentence — setting a 5 year starting point for attempted robbery and, after a one-third guilty-plea discount, imposing 40 months' imprisonment in substitution for the Hospital Order.