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    Cacc000001 2024

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    wahawai

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    © All Rights Reserved
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    Cacc000001 2024

    Uploaded by

    wahawai
    2 views2 pages

    Original Title

    CACC000001_2024

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    © © All Rights Reserved

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    Copyright:

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    2 views2 pages

    Cacc000001 2024

    Uploaded by

    wahawai

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    A A

    B B
    CACC 1/2024, [2024] HKCA 942
    C On Appeal From [2023] HKDC 1826 C

    IN THE HIGH COURT OF THE


    D D
    HONG KONG SPECIAL ADMINISTRATIVE REGION
    E COURT OF APPEAL E

    F
    CRIMINAL APPEAL NO 1 OF 2024 F

    (ON APPEAL FROM DCCC NO 131 OF 2023)


    G G

    BETWEEN
    H H
    HKSAR Respondent
    I and I

    Pinto Applicant
    J J

    K K
    Before: Hon Macrae Acting CJHC in Chambers
    L Dates of Written Submissions: 27 August 2024 and 10 October 2024 L
    (Applicant); 20 May 2024 and 16 October 2024 (Respondent)
    M Date of Judgment: 23 October 2024 M

    N N

    JUDGMENT
    O O

    P 1. I have decided to grant leave to appeal against sentence to the P

    applicant on the papers. I consider it reasonably arguable that a sentence


    Q Q
    of 26 months’ imprisonment on a plea of guilty for the type of burglary
    R alleged in this case was manifestly excessive. R

    S 2. I am separately concerned whether the enhancement of 3 S

    months’ imprisonment for the applicant’s status as a Form 8 Recognizance


    T T
    holder was justified. The policy of enhancing a sentence for such
    U U

    V V
    A - 2 - A

    B B
    defendants/applicants was first adopted in HKSAR v Sandagdorj
    C Altankhuyag & Anor [2014] 1 HKC 206. However, the Court there also C

    said, at [22]:
    D D

    “We do not say that someone sharing the 2 nd appellant’s status


    E would aggravate his position in every case or in every crime. E
    Obviously, there are crimes committed by refugees or torture
    claimants which do not affect the community at large or have
    F F
    any significant impact on Hong Kong’s reputation”.

    G G
    It is arguable whether this crime is one meriting any such enhancement.

    H H
    3. I would also bring to the parties’ attention the case of HKSAR
    I v Chau Man Ying (Unrep., CACC 439/2011, 15 May 2012) for the light it I

    may shed on the applicant’s criminality. Although the buildings in


    J J
    question are different, one occupied, the other closed for redevelopment,
    K the circumstances were that the applicant did not seek to go anywhere other K

    than the roof, where he stole an item of minimal value.


    L L

    M 4. I give leave to appeal on the papers and grant the applicant an M

    appeal aid certificate. I direct that the appeal to be listed within 3 months
    N N
    from the date of this judgment.
    O O

    P P

    Q Q
    (Andrew Macrae)
    Acting Chief Judge
    R R
    of the High Court

    S S

    Mr Matthew Hui PP, of the Department of Justice, for the Respondent


    T T
    The Applicant was not represented
    U U

    V V

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