28 Jan 2014
BRIAN ALFRED HALL v. HKSAR
- Citation
- BRIAN ALFRED HALL v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FAMP3/2013
The Court declined to exercise its discretion to re-open the appeal because the District Court convictions and the substantially increased overall sentence (capped by totality considerations) already address and punish the fraud; reinstating the original six‑month assault sentence would have no practical effect; remitting the fraud issue for trial would be disproportionate in expenditure of judicial and public resources; and while s62 permits reliance on convictions, the defendant could rebut them—therefore the balance of relevant considerations required dismissal of the application.