FAMC No. 7 of 2004
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 7 OF 2004 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing: 18 February 2004
Date of Determination: 18 February 2004
Mr Justice Bokhary PJ:
1. Let us assume that the applicant’s role was significantly less culpable than that of his co-accused who received the same sentence.On that basis, the Court of Appeal’s approach, although they did not put it quite like that, amounts to this. Each man, even if onewas significantly less culpable than the other, deserved at least 4 1/2 years’ imprisonment. And if one of them was significantlyless culpable than the other, it would only mean that the more culpable man was even luckier than the less culpable one.
2. We do not think that such an approach would be wrong in principle or involve any departure accepted norms unless the disparity inculpability was glaring. In our view, it is not reasonably arguable that there was any glaring disparity here.
3. Leave to appeal is refused.
Mr James McGowan (instructed by Messrs Hastings & Co. and assigned by the Legal Aid Department) for the applicant
Ms Lynda Shine (of the Department of Justice) for the respondent