HKSAR v. HO KAM WAH

HKSAR v. HO KAM WAH

Magistrate was entitled to impose deterrent custodial sentences having regard to the appellant's long history of similar offences and failed community disposals, but the totality principle required reducing the second sentence so that each offence carried a 9-month term to produce a just aggregate sentence of 18 months consecutive custody.

Citation
HKSAR v. HO KAM WAH
Parties
Respondent/prosecution: HKSAR; Appellant/accused: HO KAM WAH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 November 1999
Case Number
HCMA771/1999
Procedural Posture
Criminal Magistracy Appeal / Appeal Against Sentence Judgment
Outcome
Appeal allowed in part. Sentence for HCMA 768/99 reduced from 12 months to 9 months. Sentence for HCMA 771/99 of 9 months upheld. Sentences ordered to run consecutively, totalling 18 months.
Legal Topics
Indecent Assault, Recidivism, Totality Principle, Guilty Plea Discount, Deterrence, Community Service Orders, Hospital Order (mental Health)
Source Language
EN
Criminal Law Sentencing Appeal Mental Health Law Indecent Assault Recidivism Totality Principle Guilty Plea Discount +3 more

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Parties

HKSAR

Respondent/prosecution

HO KAM WAH

Appellant/accused

Procedural Posture

Criminal Magistracy Appeal / Appeal Against Sentence Judgment

Legal Issues

  1. 1 Whether the sentences were disproportionate to the offences
  2. 2 Whether the magistrate misapplied the totality principle
  3. 3 Whether insufficient credit was given for guilty pleas

Ratio Decidendi

Magistrate was entitled to impose deterrent custodial sentences having regard to the appellant's long history of similar offences and failed community disposals, but the totality principle required reducing the second sentence so that each offence carried a 9-month term to produce a just aggregate sentence of 18 months consecutive custody.

Court Disposition

Appeal allowed in part. Sentence for HCMA 768/99 reduced from 12 months to 9 months. Sentence for HCMA 771/99 of 9 months upheld. Sentences ordered to run consecutively, totalling 18 months.

Orders

  • Reduce sentence in HCMA 768/99 from 12 months to 9 months
  • Uphold sentence of 9 months in HCMA 771/99