7 May 2012
HKSAR v. PINEDA ANTONIO LADORES AND OTHERS
- Citation
- HKSAR v. PINEDA ANTONIO LADORES AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC275/2011
The court found D2's conviction safe because the evidence established party liability for the theft and his late fabrication did not undermine safety; the sentencing judge erred in applying an organised crime uplift so that enhancement was set aside, but aggravating features justified a 4-year sentence after trial; leave to appeal sentence was granted and substituted sentence imposed; D5 failed to show he lacked understanding when abandoning his appeal so his application to set aside abandonment was denied; the court exercised s.83W to exclude one month of custody pending appeal for D2.