13 Mar 2023
HKSAR v. LEUNG CHUN-HEI
- Citation
- [2023] HKCA 223
- Court
- Court of Appeal
- Case number
- CACC222/2021
Where the alleged benefit or loss is not particularised and cannot be equated directly to money 'stolen', the court should treat a commercial subsidy figure as an indicator of scale rather than automatic proof of a stolen amount; sentencing must weigh trust, period, use and other aggravating/mitigating factors. Applying those principles the appropriate starting point was five years and, after full one-third reduction for an early plea, the sentence was set at 40 months.