18 Jul 2012
SECRETARY FOR JUSTICE v. CHENG CHI WAI
- Citation
- SECRETARY FOR JUSTICE v. CHENG CHI WAI
- Court
- Court of Appeal
- Case number
- CAAR2/2011
The court held that the evidence overwhelmingly established the appellant was a handler (a professional fence) rather than the thief so the trial judge was not obliged to consider the alternative that the appellant was the thief; leave to appeal conviction was dismissed. On sentence the court found the judge's starting point inadequate given aggravating features, allowed the Secretary for Justice's s81A review, quashed the original sentences and substituted a harsher sentence (5 years per count with an aggregate effect resulting in 5 years 6 months total).