24 Nov 2004
HKSAR v. CHAN WAI AND OTHERS
- Citation
- HKSAR v. CHAN WAI AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC285/2004
The judge correctly directed the jury on identification (Turnbull) and there was no unfairness from non-availability of a repatriated witness; sentencing starting points for armed robbery were appropriate; however, where an accused gave assistance that led to co-defendants pleading guilty he was entitled to a further discount above the standard one-third guilty plea credit even if his trial testimony was disbelieved; applying that principle required reducing D6's sentence on count 2 to seven years two months and adjusting his total sentence to nine years two months.