Often Partisan

No Sentence Reduction for Carson; Bail Application Not Made

Former Birmingham City supremo Carson Yeung was back in court today to hear if his sentence of six years was to be reduced following his unsuccessful appeal hearing on Wednesday.

courtesy Oriental Daily

Due to the lack of grounds being upheld by the Court of Appeal on Wednesday Carson’s legal team made no effort to get his sentence reduced and as such the hearing was over within twenty minutes. The prosecution side were awarded their costs for their wasted time.

It was thought that Carson would make a bail application at this hearing but it appears that he has held this in abeyance for now pending further legal advice from his counsel Clare Montgomery QC.

Will Giles, co-author of “Haircuts and League Cups” was present in the court room this morning and had this to say:

I have considered the judgment again and a further point emerges as to why the Court of Appeal in your colourful words “kicked it upstairs”.

I believe that what the Court is saying around paragraph 87 on the “reasonable grounds to believe” test which as you know was changed by the Court of Final Appeal in Pang Hung Fai such that “….the judge or jury can give weight to an accused’s belief,perception or prejudice as s/he believes is warranted” ie a subjective test, is that the test is confused by the Court of Final Appeal’s approval in Pang Hung Fai of a different formulation of the test in a case called Seng Yuet Fong by Litton PJ who said,”To convict, the jury had to find that the accused had grounds for believing; and that there was the additional requirement that the grounds must be reasonable: That is, that anyone looking at those grounds objectively would so believe” ie an objective test.

I think the Court of Appeal have given Carson automatic leave to appeal on this ground to sort out what they see as still a confusing test. All very legalistic and in a sense passing the buck but it all makes for an interesting final chapter in the legal saga.

 

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49 Responses to “No Sentence Reduction for Carson; Bail Application Not Made”

  • Art says:

    Fabulous news!

    Great start to the day.

  • Robert senior says:

    So Dan does this mean Carson and his team have finally admitted defeat ???

    • almajir says:

      Not at all. He will appeal in the Court of Final Appeal, they’re just choosing their battles. Sensible strategy.

      • Robert Senior says:

        I don’t know why they keep letting him do it,

        he has lost the appeal and that should be that, the guy just don’t get the hint.

        And if he thinks that when he eventually gets out (though appeal or not) we would welcome him back he has another thing coming, even if he wanted to put money into the club the guy is not welcome.

  • Mickey07 says:

    please carson just go away will you and serve your time you have been given for breaking the law…appeal after appeal after appeal when is he going to except he is a crook,when is the end game dan??tired and weary.

  • Weaponsguru says:

    Again, it may give the “breathing room” that E & Y require, in their attempt to sort out a tangible outcome to this ongoing mess.
    Obviously, CY will make his Final Appeal – he’s nothing to lose and everything to gain by doing so, but hopefully, by then the club – or at least BIHL will have new control.
    I take (rightly or wrongly) any news that CY has “lost” some sort of appeal or decision as good news. I know it may not always be the case, but I can’t help it!

  • Quokkasskip says:

    Hopefully Bcfc will be sold before he gets out. Good news that he cannot immediately meddle with e&y. (Well more than already done)

  • Agent McLeish says:

    What Will said.

  • ChrisG says:

    If he does decide to go on with his appeal, knowing how long these things seem to take in HK, he would have done his time by the time it all gets sorted!!!!!!!

  • Steve says:

    Are we looking at 12 months- 18 months for this final chapter to play out Dan?

  • Mitchell says:

    Daniel, can you spell out again how many of various appeals can CY now make. At one time,perhaps 6months ago, I thought a number as high as 16appeals could be made.Also, before we all get carried away with the thought of the club being sold, is it still fact that CY still has final say. Sorry to give you all this homework! Thanks in advance.

  • Blue Tsunami says:

    A bit surprised CY let this pass but I guess he has been told he stands a better chance in the big court. Ms Montgomery’s advice do you think Dan?

  • Hydey says:

    #justiceforcarson

    #freethehongkongone

  • Geoff S says:

    CY and his money-obsessed affiliates have given ample evidence to how extremely unworthy they are to be anywhere near a football club but there are bad people from every corner of the world so best not to concentrate on ethnic origin.

  • JohnnyZulu says:

    Is Will Giles qualified? Everything he predicts the opposite happens.Guesswork it seems to me all along

    • Mickey07 says:

      Respectfully agree mate, I struggle with will giles and his predictions, I dont understand everything thats going on out there as at the end of the day im just your average football fan but will and his video blog predictions are a bit over the top….

    • almajir says:

      Okay, mystic meg – tell us what’s going to happen.

      With your real name too – let’s not hide behind pseudonyms here too.

    • ChrisG says:

      Damn, I didn’t realize you had to be qualified to make predictions, no wonder I never win the lottery!!!. Any chance you could let us know which university you go to to get these special prediction qualifications?????

  • raymondo says:

    When is the Court of Final Appeal date Dan. Did you say July the other day!? Hope so, gives E & Y time to get on with it. KRO

    • almajir says:

      No, that’s the summons hearing…

      Looking at 12 months time mate.

      • DoctorD says:

        By then he might already have spent 2.5 years in prison. Would he then got a wodge of cash as compensation??

  • Fans are talking as if E&Y are on the fans side , I can remember not long ago the same share holders giving the board with pan &and cars a massive vote of confidence after selling £55 million of players ,that proves to me that in the future the shareholders will be willing to do the same again , No the only way forward is to get rid of these share holders by selling the club , these people are not football people , if they had put their money into normal shares they would have lost it , they are on a good thing ,if the board does badly the fans pay not them ,it is time the fans got a consortium together in tandem with a bank as a way of building up money to buy shares , when available, kro

  • rhees says:

    Lets hope we can get on with things now
    When you doing your pod cast dan

  • I am not discrimitive Geoff S ,I am a very friendly person , but I hate people people who continue to give me the same old speal and expect me to believe it ,

    • Geoff S says:

      Discrimitive”? I’m not sure that is a real word. I want this board gone asap but my comment was aimed at somebody calling Carson Young a “China man” and, in all fairness, that was not your posting, William, maybe the timing of the postings got mixed up or something. However, the posting I was aiming at looks as though it may have since been deleted.

      Mine is the ‘I-judge-people-by-who-they-are-and-not-where-they-come-from’ angle and it is for that reason that I dislike the current St Andrew’s owners. That said, I was never keen on the previous lot (especially David Sullivan) either.

  • Dave Mann says:

    I remember when they took over and Carson promised £80 million to spend on players and wages over two transfer markets and then we went on that run of 15 games unbeaten and 12 in the premier league and then we went on to win the league cup and at the time of that final whistle we all thought he was the greatest thing that’s ever happened to us !!! How time and convictions have changed all our opinions on that !! .. Kro

  • rhees says:

    Are you doing pod cast this week dan

  • BigmanSteve0 says:

    I am sick of hearing people comment about the nationality of the current owner or the nationalities of whom the future owners maybe, where somebody is from has no bearing on who would be a good owner for the club that we all love. I hear people say “we need british owners” load of tosh!!! What do they want ? A consortium led by Tony Adams??? Because I don’t!
    We can all see something is happening on the horizon ,ok very slowly but something is happening so let’s all hope we get the right person/persons to buy the club & spend a few quid ,let’s not have a negative focus on where they are from it lets focus on where they are taking us.
    Kro. Sotv Btid

    • Geoff S says:

      Interesting shout, Bigman. The trouble is, every time there seems like there is a bit of positive news on the horizon, it quickly gets scuppered. Let’s hope things change soon.

  • Geoff S says:

    Well said, Chris. That will include a good number of Blues fans but reactionary, provocative snobs like Tony only seem to specialise in hurling demeaning and insulting abuse and can only sneer at and condemn millions of people.

    Old Steve Bruce remarked on how he saw Blues as a working class club. How that observation must have wounded Tony…

  • Thanks for keeping us up to date Dan and Will. “I find some of the people posting comments on here. Have lost the focus on what we are all concerned about and that is to rid our beloved club of a crook/crooks when we include Pannu. I myself am a Socialist but I would not dream of putting my political opinions on this site- I also find some of the comments offensive in respect of people’s opinions regarding political correctness and Liberalism. Stop this nonsense the site should be used for what it’s set up to do. Give fans an opportunity to share thoughts and opinions about the ongoing Saga that is CY- Stop making reference to his ethic origin “There really is no need” and stop making comments that are offensive to some of us. Regardless of Political Loyalties” KRO-TTE-OTR!!!!!!

  • BigmanSteve0 says:

    Tony , i’m chelmsley wood born & bred & me and my family are mostly in Good health so in my eyes that makes us among the advantageous people in the midlands Mayberry the country so good luck to you in your millionaires mansion…..Kro Sotv btid

    • Bluenosesol says:

      Steve, spent the first 7 years of my married life on the Wood. Have lived on the South side now for 30 years and still pine for a time when I lived amongst real people, who would stop and chat, share a can and even help me put up fencing. I knew dozens of people from all over the estate. I now live in a house that Tony would probably approve of, but to be honest, other than being handy for a walk into Solihull for a great pint of real ale at Wetherspoons it massively lacks the socilal camaredery and characters of the Wood. I will be approaching my retirement in two or three years time and downsizing will be a strong possibility. I can then get away from those who live a kippers and curtains existance, paid for not by hard graft, but by their privileged inheritances and back to living amongst real people.
      KRO!

      • Bleunosesol – Thanks for your comments “You cannot take the roots out of a person and with comments such as yours it is heartening to know that the majority of Blues Fans have an understanding of where we come from”. And for me that supports the comments by Steve Bruce that we’re indeed a Working Class Club. With mainly working class supporters. We know who we are and where we come from that makes us who we are!!! As for Cy and his cronies the end is I hope very fast approaching. As for new owners I am also aware that we should be careful of what we wish for! – We have been stung before. I just hope that when we do get new owners that they are Fit Proper to run our Club! The Football League admitted they let us down as far as the reasonableness test was concerned. And indeed they changed the rules after they saw what CY had done to our beloved club.KRO!

  • Andrew says:

    desperation if you ask me, this will be the end of him now i think. will be interesting to see what this implicates on bcfc

  • BhamCityJulian says:

    E&Y may be our saviours or they not be. That is not there role. That have to maximise the value of BIH for its shareholders. Maybe selling BCFC now doesn’t do that. Perhaps being ‘relatively’ quite close to regaining our Premier League status does. Invest up to £13m to get there and £120m awaits.

    None of us know if ‘shareholder approval’ is needed or just the Court

  • Dave Mann says:

    I’ve said many times that I don’t care where they come from as long as they’ve got money to buy the club with, money to buy players with, money to pay wages with and are the luckiest owners in the world … That will do for me , oh and get us back in the premier league , happy days will be here again , some day!!kro

  • Hillfield Blues says:

    CY certainly looks a bit grey and gaunt sat there in your pic.Alll said it’s been a bad week for him and it’s on to the court of final appeal which doesn’t look cut and dried either.
    Hopefully it’s just going to be a side issue to what E&Y are trying to do and all this back and forth appeals business becomes irrelevant.

  • rhees says:

    Tony
    At the age of 54 I have sent 35 years plus serving my country split between the army a d the prison service.
    I have received many medals and awards for bravery which I wear with pride or hang on my wall.
    I have met, served with people from all walks of life and found persons character comes from with regardless of where they live or wealth there have.
    I for one now live in social housing due to divorce and could t be happier.
    As for owners of the blues as long as there genuine is all that counts to me.
    I’m an avid follower of this site as its the only real way of getting info and greatful to Dan and will and read everyone’s post with interest regardless of there opinion.
    Lets all stand together and concentrate on what maters BCFC kro

  • Bluenosesol says:

    I dont really care about the nationality of the new owners as long as they are ever present in the UK. Dont want another situation where communications are compromised by absent chair persons and their directors!

  • Dave Mann says:

    Vile 5-1 down at half time … Very upsetting .kro

  • AussieBlue says:

    A tip o’ the hat to Rhees and people like him. A salute even.

    • rhees says:

      Thank you Aussie nice comment.
      As bluenoses we should all stand together shoulder to shoulder in the face of all adversity no matter where were from or what we’ve achieved


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