30 Jun 2004
HKSAR v. CHAN NGAN YING AND OTHERS
- Citation
- HKSAR v. CHAN NGAN YING AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC126/2002
For D6 and D7 the Court held the 7-year aggregate starting point was not manifestly excessive given persistent and multiple similar scams, continued conduct after police raids (properly attracting consecutive elements) and the inadequacy of a purely mathematical reduction. For D13 and D14 the Court found that the trial judge had failed to apply an explained differentiation ('Siu factor') that he applied to other co-defendants, producing a legitimate grievance; the Court exercised s.83I(3) to reduce the consecutive element from 2 years to 6 months, lowering each sentence to 4 years 6 months.