18 Nov 2011
The application for leave to appeal was dismissed because the applicant had been properly notified, indicated she would attend but did not appear or send a representative, and the court exercised its discretion to dismiss for non-attendance.
21 Aug 2009
The Court held the judge erred in adopting a starting point of 2 years 6 months; the appropriate starting point was 21 months, a one‑third discount for the guilty plea reduced that to 14 months, and a further limited reduction of 2 months for substantial restitution produced a final sentence of 12 months imprisonment on each charge; the sentences to run concurrently; appeal allowed in part.
16 Jun 2008
Convictions were upheld because the evidence established beyond reasonable doubt that GCCL did not exist and therefore all documents purporting transactions with GCCL were false; there was no unfair change in the prosecution case; and the control and concealment of substantial funds through accounts under Wong Chun-ping established objectively reasonable grounds and subjective awareness that the funds were proceeds of an indictable offence, permitting convictions for money laundering.
22 Feb 2008
No Brown direction was required because there was no realistic risk of the jury being inconsistent on essential ingredients given the all-or-nothing factual dispute whether work was done; the judge's directions on dishonesty, economic risk and issues for the jury were adequate; consequently convictions and the second applicant's sentence were affirmed.
3 Sept 2007
Convictions for furnishing false information under s19(1)(b) were upheld because the evidence established beyond reasonable doubt that the stipulated rents and receipts were false in a material particular given the common intention between applicant and PW8 that the stipulated rent would not be payable; there was insufficient basis to find the applicant was agent liable to account to PW8; sentencing was reduced in exercise of appellate discretion to reflect time served resulting in immediate release.
4 Dec 2003
The Court held that adjourning for reports did not create an implied promise of a non-custodial disposal because the judge expressly warned the applicant that imprisonment was likely; the judge was entitled to take into account the sham nature of the transactions, the absence of remorse before conviction, and the need for deterrence; accordingly a 9 month immediate custodial sentence was appropriate and not wrong in principle or manifestly excessive, and community service/suspension was not justified.
17 Jan 2001
The appeal was allowed because the magistrate did not make any finding on the essential ingredient that the sick leave certificates were made or required for an accounting purpose as required by s19(1)(b); that omission made the convictions unsafe and warranted quashing of convictions and setting aside sentences.
7 Nov 2000
The appeal was allowed because the magistrate impermissibly relied on statements made by the appellant when answering a special issue to decide the general issue—effectively penalizing the appellant for exercising the right to remain silent—and the magistrate failed to apply or demonstrate consideration of the Ghosh test for dishonesty; those errors rendered the convictions unsafe.
21 Jul 2000
The Court held that the starting point of 4 years was appropriate for the large-scale, well-planned fraud; a one-third reduction for plea was properly applied to yield 3 years; no additional discount was warranted because the applicant did not give evidence for the prosecution; accordingly the sentence of 3 years concurrent was neither manifestly excessive nor wrong in principle.
23 Jun 1999
The Court upheld conviction because the totality of evidence (signatures on documents, submission of documents before stated shipment date, typewriter consistency, handling and benefit from proceeds) established that the applicant furnished documents he knew were or may have been false and acted dishonestly under the Ghosh test, so the judge's adverse inferences were justified and the conviction was safe.