Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Late appeal against sentence
  • 19 Feb 2013

    香港特別行政區 訴 黃斌

    Citation
    香港特別行政區 訴 黃斌
    Court
    Court of Appeal
    Case number
    CACC525/2011

    The Court upheld the trial judge's factual finding that the applicant knew or must have believed the time demand drafts were false given the suspicious circumstances (size of sums, unknown investor, errors on the instruments, sequence of events) and that delivery of forged drafts to banks evidenced intent to induce acceptance; accordingly convictions on counts 1 and 2 were upheld. However on the facts the conduct charged in count 3 overlapped with count 1 such that count 3 involved duplicative prosecution for the same conspiratorial enterprise; conviction and sentence on count 3 were therefor…