26 Apr 1996
Convictions and concurrent sentences were upheld because the evidence demonstrated the Applicant made false representations relied upon by banks which released loans, the representations were dishonest (deliberate or reckless), there was no material misdirection to the jury and the sentences were appropriate given the scale of loss and breach of trust.
14 Jun 1995
The appeal was allowed in part: although the magistrate was correct to find no significant mitigating circumstances and to be skeptical of the medical evidence, the court reduced each concurrent sentence from 15 months to 12 months on humanitarian grounds relating to family hardship and the husband's concurrent incarceration.
31 Mar 1995
Leave to appeal against conviction and leave to appeal against sentence are refused because the trial judge's Reasons for Verdict and Reasons for Sentence show that the evidence was overwhelming, findings were properly reached, restitution was belated and therefore carried little weight, and the sentences imposed were not manifestly excessive; consequently convictions and sentences are affirmed.
27 Nov 1992
Where a claimant has never presented a quantified bill or obtained express or tacit agreement as to extras, an unquantified suggestion of additional sums does not raise a bona fide claim of right to immediate payment; on the evidence the trial judge could properly infer the applicant acted dishonestly with intent to defraud when he altered and presented the withdrawal slip, so convictions for forgery and uttering stand; custodial sentences were unnecessary and were substituted by suspended sentences.
30 Jul 1992
The trial judge did not abuse his discretion in refusing to sever the charges because trying them together caused no injustice or prejudice to the defendant; the Bill of Rights did not apply to the Crimes Ordinance charge due to the statutory exclusion in the Schedule for the transitional period; the sentence of three years for the combined offences was not manifestly excessive given the seriousness and indicia of participation in an illegal passport racket.
21 Aug 1991
Section 43 requires more than the evidence of a single witness to establish falsity, but that "more" can be documentary or combined oral evidence; the Court held the combined evidence of the receipt book and expert opinion together with Swire employees and Housing Department inspection reports satisfied s.43 and supported findings that the receipt was false and was tendered knowing it to be false; accordingly convictions and concurrent 9‑month sentences were upheld.
20 Mar 1986
Despite the gravity of the offences and the large sums involved, the appellate court found exceptional mitigating circumstances (stress, not a genuine prospect of success, guilty plea, good character, time in custody) justified suspending the concurrent two-year sentences for two years; the decision is fact-specific and not a precedent.
1 Aug 1985
The Court held that, applying sentencing principles including mitigation for remorse, youth, partial repayment and the totality principle, the original aggregate sentence of three years was excessive and substituted concurrent sentences of 18 months on each count, reducing the total effective sentence to 18 months imprisonment.
14 Aug 1984
Omission of an express allegation of intent to defraud in particulars charging uttering of a forged cheque was not fatal because the statutory definition (s.74(2)) and s.70(2) establish that the relevant intent for a cheque is intent to defraud; the particulars identified the instrument as a cheque and thus contained the essential ingredient, and the accused was not prejudiced or embarrassed by the omission; accordingly the charges were not defective and a retrial was ordered.
29 Mar 1983
Appeal allowed and sentences on the first two counts reduced because the original sentencing failed to give sufficient weight to the appellant's personal circumstances and the catastrophic consequences likely to follow; substituted sentences of 18 months concurrent on counts one and two, with the existing 6 months consecutive on count three, producing a two‑year total sentence.