8 Dec 2005
HKSAR v.CHEN SZU MING
- Citation
- HKSAR v.CHEN SZU MING
- Court
- Court of Appeal
- Case number
- CACC270/2005
A sentencing court must sentence for the charged money laundering offences and may only consider the nature of the underlying indictable offence insofar as it affects the defendant's culpability; sentencing the defendant effectively for the underlying indictable fraud is wrong in principle. Where the defendant knew the funds were proceeds of fraud, that knowledge can aggravate sentence. Applying those principles afresh, the Court found the original sentence appropriate and therefore affirmed the concurrent 40‑month sentences.