R. v. LAM KWOK-HUNG

R. v. LAM KWOK-HUNG

The Court allowed the appeal and reduced the aggregate sentence from 17 to 15 years because the trial judge should have given a more generous discount for the applicant's cooperation and should have reflected the demonstrable lesser criminality of the applicant compared with his co-accused; the court achieved this by altering the commencement of the sentence on Count 3.

Citation
R. v. LAM KWOK-HUNG
Parties
Respondent (crown): The Queen; Applicant (appellant): Lam Kwok-hung
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 February 1992
Case Number
CACC210/1991
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence Heard and Treated as Full Appeal; Determination on Sentence Reduction
Outcome
Appeal allowed; sentence reduced
Legal Topics
Robbery, Possession of Firearm, Resisting Arrest, Sentencing Adjustment, Cooperation With Authorities, Totality Principle, Sentencing Disparity
Source Language
EN
Criminal Law Sentencing Firearms Offences Robbery Possession of Firearm Resisting Arrest Sentencing Adjustment Cooperation With Authorities +2 more

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Parties

The Queen

Respondent (crown)

Lam Kwok-hung

Applicant (appellant)

Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence Heard and Treated as Full Appeal; Determination on Sentence Reduction

Legal Issues

  1. 1 Whether the trial judge failed to give adequate credit for the applicant's cooperation with police
  2. 2 Whether the sentence reflected the difference in criminality between the applicant and his co-accused
  3. 3 Whether the totality of sentences produced an appropriate aggregate term

Ratio Decidendi

The Court allowed the appeal and reduced the aggregate sentence from 17 to 15 years because the trial judge should have given a more generous discount for the applicant's cooperation and should have reflected the demonstrable lesser criminality of the applicant compared with his co-accused; the court achieved this by altering the commencement of the sentence on Count 3.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • Application for leave to appeal treated as hearing of appeal and allowed
  • Alter sentence on Count 3 to eight years to commence seven years after commencement of sentence on Count 1 (instead of nine)