4 Dec 2019
Leave to appeal was treated as an appeal; the Court held the judge would have taken into account the prior served sentence and the likely remission entitlement and adjusted the sentence accordingly. The original sentence of 5 years 2 months was set aside and substituted with 4 years 9 months imprisonment to reflect credit for time served and remission considerations.
23 Nov 2012
The appeal was allowed because the Magistrate correctly refused to treat Immigration administrative detention as falling within s67A credit and correctly declined to apply statutory remission for good conduct as a matter for the prison authority; consequent adjustment by remission was not available to the court and post‑sentence events could not be considered, but having regard to totality and other factors the sentence was substituted to permit the appellant's immediate release.
25 Sept 1998
The appeal is allowed in part: because the appellant produced a credible medical certificate and an immediate source of funds was available, and given the urgent life‑threatening condition of his son plus the short remaining custodial period (with remission), the sentence was reduced to permit the appellant's immediate release on humanitarian grounds.
19 Sept 1996
Leave to appeal out of time granted and appeal allowed to the extent of reducing the sentence from 12 months to 9 months because the appellant's pregnancy constituted sufficient compassionate ground to justify reduction so she could return to China before the birth, taking into account usual remission for good conduct.
2 Dec 1971
Because the magistrate had expressly intended to impose a sentence permitting release for Chinese New Year but miscalculated the effect of remission, the appellate court may modify the sentence to correct that calculation and give effect to the sentencing court's intention; accordingly the eight month sentence was reduced to seven and a half months.