19 May 2010
HKSAR v. FAN CHO MAN (D5)
- Citation
- HKSAR v. FAN CHO MAN (D5)
- Court
- Court of Appeal
- Case number
- CACC302/2008
Applying s.83B, the court substituted the sentence on the remaining conviction for Fan to effect immediate release because the unique combination of (1) the appeal having quashed other convictions that had previously caused a custodial disparity with co‑accused who had been released under supervision, (2) the appellant having already served substantially more custody than the co‑accused, and (3) only 85 days remaining to serve, made substitution necessary in the interests of overall justice.