7 Sept 2007
The court held the six-year aggregate sentence was not manifestly excessive given the sophistication, scale and the applicant's active participation, but the trial judge erred by imposing the totality as the sentence on each count; correct approach substituted four years on each count with partial consecutivity to produce an overall six-year term.
23 Feb 1999
The Court held it was proper to exercise its power under s.83A Criminal Procedure Ordinance to substitute convictions where the evidence plainly disclosed alternative offences that a trial judge could properly have convicted upon and where no injustice would result. Applying that approach, the Court substituted (a) an offence of attempting to obtain a pecuniary advantage by deception (s.18 Theft Ordinance) for the charge in CACC293/98 and (b) thefts of things in action (s.9 Theft Ordinance) for the charges in CACC349/98; granted leave to appeal and entered guilty verdicts on the substituted c…