24 Feb 2004
Given the facts (use of a fake credit card to attempt purchase of HK$6,500 jewellery, prior convictions, and no actual loss due to card centre diligence) the court held the 2-year starting point adopted by the Magistrate and the resulting 16 months imprisonment after one-third discount was not manifestly excessive and dismissed the appeal.
23 Feb 1999
The Court exercised its statutory power under s.83A Criminal Procedure Ordinance to substitute offences that the trial judge could properly have convicted on (attempting to obtain a pecuniary advantage by deception under s.18 and theft of things in action under s.9 of the Theft Ordinance) because the evidence supported those offences and no injustice would result; Preddy may undermine the form of the original charges but does not prevent substitution where the substance of the evidence discloses alternative offences.
23 Feb 1984
Convictions for false accounting and attempting to obtain property by deception were quashed because the Crown failed to prove the essential elements: there was no evidence the appellant made use of false receipts or otherwise furnished accounting information to the firm's accountant, and there was no evidence of a deceptive misrepresentation about the proper legal fee or any authority limiting fees; accordingly the evidence was legally insufficient to sustain the convictions.