HKSAR v. MO HIU FUNG

HKSAR v. MO HIU FUNG

Appellate court found the trial judge's 5-year starting point for the aggravated rape was unduly lenient given multiple aggravating features and that the bottom of the appropriate range was at least 6 years; exercising CPO s83I(3)(b) the court quashed the 5-year sentence and substituted 6 years for the rape,...

Source-derived case information.

Citation
HKSAR v. MO HIU FUNG
Parties
Applicant: Applicant; Respondent: Respondent
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
13 December 2013
Case Number
CACC139/2013
Procedural Posture
Criminal Sexual Offences and Assault; Sentencing Appeal / Application for Leave to Appeal Against Sentence; Appeal Hearing Where Appellate Court Exercised S83 I(3)(b) to Re Sentence
Outcome
Sentence for rape (Count 4) quashed and increased from 5 years to 6 years imprisonment; other sentences undisturbed; total effective sentence now 7 years; application for leave to appeal against sentence dismissed.
Legal Topics
Rape, Assault Occasioning Actual Bodily Harm, Attempted Buggery, Sentencing Principles, Totality Principle, Appellate Powers to Alter Sentence
Source Language
en
Criminal Law Sentencing Rape Assault Occasioning Actual Bodily Harm Attempted Buggery Sentencing Principles Totality Principle Appellate Powers to Alter Sentence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Criminal Sexual Offences and Assault; Sentencing Appeal / Application for Leave to Appeal Against Sentence; Appeal Hearing Where Appellate Court Exercised S83 I(3)(b) to Re Sentence

  1. 1 Whether trial judge allowed proper guilty plea discount for Counts 1 and 2
  2. 2 Whether starting points of 18 months for AOABH counts were manifestly excessive
  3. 3 Whether totality principle required greater concurrency between counts

Ratio Decidendi

Appellate court found the trial judge's 5-year starting point for the aggravated rape was unduly lenient given multiple aggravating features and that the bottom of the appropriate range was at least 6 years; exercising CPO s83I(3)(b) the court quashed the 5-year sentence and substituted 6 years for the rape, dismissed other grounds of appeal and left other sentences undisturbed, resulting in total custody of 7 years.

Court Disposition

Sentence for rape (Count 4) quashed and increased from 5 years to 6 years imprisonment; other sentences undisturbed; total effective sentence now 7 years; application for leave to appeal against sentence dismissed.

Orders

  • Quashed sentence of 5 years imprisonment on Count 4 and substituted sentence of 6 years imprisonment
  • Drew no disturbance to sentences for Counts 1, 2 and 5 and left them as imposed by trial judge