HKSAR v. CHONG MAN KWONG

HKSAR v. CHONG MAN KWONG

The magistrate did not demonstrate that he had taken the appellant's potential loss of pension rights into account when arriving at the sentencing starting point; because the exercise of discretion on that factor was not shown, the appellate court is entitled to adjust the sentence to reflect the collateral consequence and reduced the sentence by one month to five months imprisonment.

Citation
HKSAR v. CHONG MAN KWONG
Parties
Appellant: Appellant; Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 December 2010
Case Number
HCMA786/2010
Procedural Posture
Criminal Sentencing Appeal / Appeal to the Court of First Instance (high Court) — Judgment
Outcome
Appeal allowed in part
Legal Topics
Community Service Order, Pension Rights as Collateral Consequence, Guilty Plea Discount, Sentencing Discretion
Source Language
EN
Criminal Law Sentencing Appeals Community Service Order Pension Rights as Collateral Consequence Guilty Plea Discount Sentencing Discretion

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Sentencing Appeal / Appeal to the Court of First Instance (high Court) — Judgment

Legal Issues

  1. 1 Whether the appellant was suitable for a community service order
  2. 2 Whether the magistrate took into account the appellant's potential loss of pension rights when determining the sentencing starting point
  3. 3 Whether the sentence should be reduced to reflect pension loss and the appropriate quantum of reduction

Ratio Decidendi

The magistrate did not demonstrate that he had taken the appellant's potential loss of pension rights into account when arriving at the sentencing starting point; because the exercise of discretion on that factor was not shown, the appellate court is entitled to adjust the sentence to reflect the collateral consequence and reduced the sentence by one month to five months imprisonment.

Court Disposition

Appeal allowed in part

Orders

  • Appeal allowed to the extent of reducing the sentence by one month to five months imprisonment
  • Sentence reduced to five months imprisonment