Hong Kong Case Law: Decisions & Judgments

Topic

Conspiracy to steal

Legal area

Court

9 Dec 2022

香港特別行政區訴劉運

Citation

[2022] HKCA 1821
Court

Court of Appeal
Case number

CACC13/2022

Leave to appeal was refused because the trial judge correctly assessed and weighed the CCTV and witness identification evidence together with physical evidence (keys, identity documents in the vehicle, clothing recovered) and permissibly drew circumstantial inferences linking the applicant to the offences; the findings on possession and intent concerning the knife were reasonable and supported by the evidence, and the applicant failed to demonstrate arguable errors of law or principle warranting leave.
8 Oct 2015

HKSAR v. PALEVICI, IOSIF ADRIAN AND ANOTHER

Citation

HKSAR v. PALEVICI, IOSIF ADRIAN AND ANOTHER
Court

Court of Appeal
Case number

CACC164/2015

The Court held there were no reasonably arguable grounds of appeal because the judge’s starting point and ultimate sentences were justified by the sophistication and syndicated nature of the offences, the international element of coming to Hong Kong to commit large‑scale ATM fraud, the presence of encoders and computers, and the amounts involved; guilty plea discounts and totality were properly applied, so leave to appeal was refused.
28 Mar 2014

HKSAR v. HON MING KONG AND OTHERS

Citation

HKSAR v. HON MING KONG AND OTHERS
Court

Court of Appeal
Case number

CACC272/2011

Spreadsheets were admissible as they were prepared, circulated, discussed and acted upon by D1/D2 and thus properly relied upon as adopted instruments; the notebook was not established as contemporaneous and should not have been admitted as independent substantive evidence so convictions principally reliant on it were unsafe and quashed; the absence of Mainland witnesses did not establish an abuse since the defence had not used diligent, timely and demonstrable steps to secure admissible evidence, the Hong Kong and Mainland authorities did provide assistance and no bad faith was proved; accor…
16 May 2012

HKSAR v. NGUYEN ANH CUONG

Citation

HKSAR v. NGUYEN ANH CUONG
Court

Court of Appeal
Case number

CACC414/2011

The Court dismissed the appeal: the sentence was not manifestly excessive. The judge properly applied a one third enhancement under OSCO for organised offending, validly fixed starting points (including a high starting point for repeated breach of a deportation order), and applied a generous one third discount for late guilty pleas; the overall sentence of 64 months imprisonment was justified and upheld.
24 Feb 2012

HKSAR v. WONG FUK AND OTHERS

Citation

HKSAR v. WONG FUK AND OTHERS
Court

Court of Appeal
Case number

CACC253/2010

Convictions were upheld because the evidence proved participation in an organised conspiracy to steal LGVs; the statutory enhancement under s.27 was properly applied on the dual bases of organisation and prevalence without impermissible double-counting; sentencing differentiation was warranted for D2 and mitigation warranted for D3, resulting in reduced terms for those two defendants.
28 Jul 2011

HKSAR v. CHAN KONG YIU

Citation

HKSAR v. CHAN KONG YIU
Court

Court of Appeal
Case number

CACC359/2010

Given the offender's status as a professional/serial burglar with multiple aggravating features (sophisticated planning and tools, international conspiracy, very high value of stolen property, prior similar convictions and substantial property damage) the tariff starting points were inadequate; the Court increased the starting points (burglary to 3 years => 28 months after one-third guilty plea discount; conspiracy to steal to 5 years => 40 months after discount) and ordered appropriate consecutive portions so the aggregate sentence of 68 months imprisonment reflected the gravity of the offen…
28 Jul 2011

HKSAR v. CHAN KONG YIU

Citation

HKSAR v. CHAN KONG YIU
Court

Court of Appeal
Case number

CACC381/2010

Applicant was a professional serial burglar who participated in an unprecedented, carefully planned, internationally executed burglary conspiracy involving sophisticated tools and very high-value property; these aggravating factors (including previous convictions) justified raising the appropriate starting points for both the 2003 burglary and the Japan conspiracy, applying a one-third guilty-plea discount to those higher starting points, and ordering partially consecutive service to reflect totality; accordingly the Court increased sentences to reflect seriousness resulting in an overall ter…
29 Jun 2010

HKSAR v. FU CHU KAN AND OTHERS

Citation

HKSAR v. FU CHU KAN AND OTHERS
Court

Court of Final Appeal
Case number

FAMC10/2010

Leave to appeal was dismissed because the Court of Appeal correctly found that the alleged omissions in the summing-up were not material in the context of overwhelming evidence and that the directions and questionnaire did not create a real danger of undue pressure on the jury; accordingly there was no substantial and grave injustice.
19 Feb 2009

HKSAR v. LOK KIN CHI

Citation

HKSAR v. LOK KIN CHI
Court

Court of Appeal
Case number

CACC354/2007

Although the judge erred in treating a breach of trust as applying to the applicant, that error was not material because the objective gravity of both offences (professional planning, use of insider, violence, abduction and high value of goods) justified the starting points and resulting sentences; therefore the sentences were not manifestly excessive and the appeal is dismissed.
6 Feb 2009

HKSAR v. WONG WANG SANG STEPHEN AND ANOTHER

Citation

HKSAR v. WONG WANG SANG STEPHEN AND ANOTHER
Court

Court of Final Appeal
Case number

FAMC58/2008

None of the three grounds for leave was reasonably arguable: (1) no breach of the Browne v Dunn rule because the supporting witnesses' evidence was irrelevant to the central issue and the judge did not adopt the prosecution's erroneous conspiracy submission; (2) the hearsay reliance was immaterial and would not have affected the outcome; (3) rebuttal expert evidence on mainland law was properly admitted and the judge rejected Xin by finding the mainland contract D1-47 fabricated. Accordingly the application for leave to appeal was dismissed.