26 Oct 2017
SECRETARY FOR JUSTICE v. LAW KWUN CHUNG AND ANOTHER
- Citation
- SECRETARY FOR JUSTICE v. LAW KWUN CHUNG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CAAR4/2016
The Court held that on a s81A review the Court of Appeal may, based on evidence proved, admitted or not in dispute at trial, correct erroneous factual findings or take into account relevant facts the sentencing court overlooked and interfere if the sentence is wrong in principle or manifestly inadequate, but it will not permit the prosecution to seek review on a different factual basis that it could have but did not pursue at trial; the respondents' certification applications failed and were dismissed.