R. v. LEE HAU WAI
The appeal was dismissed because the magistrate had properly considered relevant factors including the appellant's key role in instigating the damage and the age discrepancy; the disparity with the co-accused did not demonstrate an error warranting interference.
- Citation
- R. v. LEE HAU WAI
- Parties
- Respondent/crown: THE QUEEN; Appellant/defendant: LEE HAU WAI; Co Accused/defendant: Tsang Man Lung
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 9 June 1995
- Case Number
- HCMA448/1995
- Procedural Posture
- Magistracy Appeal / Appeal Against Sentence
- Outcome
- Appeal dismissed
- Legal Topics
- Sentencing Disparity, Procuring Criminal Damage, Community Service Versus Imprisonment, Compensation Orders
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
THE QUEEN
Respondent/crown
LEE HAU WAI
Appellant/defendant
Tsang Man Lung
Co Accused/defendant
Procedural Posture
Magistracy Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether disparity in sentences between co-accused warrants appellate interference
- 2 Whether appellant's role as instigator justifies a heavier sentence
- 3 Appropriateness of compensation and custodial sentence imposed
Ratio Decidendi
The appeal was dismissed because the magistrate had properly considered relevant factors including the appellant's key role in instigating the damage and the age discrepancy; the disparity with the co-accused did not demonstrate an error warranting interference.
Court Disposition
Appeal dismissed
Orders
- Dismissal of appeal; original sentence of three weeks' imprisonment and payment of compensation totalling $2000 upheld
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