THE QUEEN v. CHAN CHUN CHUNG

THE QUEEN v. CHAN CHUN CHUNG

The magistrate failed to demonstrate consideration of s.109A alternatives before imposing a custodial sentence on a 19‑year‑old; the suspended imprisonment was wrong in principle and excessive and must be set aside and replaced by a non‑custodial binding over consistent with the other counts.

Citation
THE QUEEN v. CHAN CHUN CHUNG
Parties
Respondent: The Queen; Appellant: CHAN Chun-chung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 March 1985
Case Number
HCMA84/1985
Procedural Posture
Magistracy Appeal / Appellate Judgment (reasons Delivered)
Outcome
Appeal allowed; suspended one‑month imprisonment set aside; order substituted binding appellant over in recognizance of $1,000 for two years and conviction not to be recorded; costs order maintained.
Legal Topics
Forgery, Theft, Sentencing, Suspended Sentence, Binding Over, Conviction Recording, Section 109 a Criminal Procedure Ordinance
Source Language
EN
Criminal Law Sentencing Youth Justice Forgery Theft Suspended Sentence Binding Over Conviction Recording +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Queen

Respondent

CHAN Chun-chung

Appellant

Procedural Posture

Magistracy Appeal / Appellate Judgment (reasons Delivered)

Legal Issues

  1. 1 Whether s.109A of the Criminal Procedure Ordinance required mandatory procedures for offenders under 21
  2. 2 Whether the magistrate considered and excluded non‑custodial disposals before imposing imprisonment/suspended sentence
  3. 3 Whether the suspended sentence was manifestly excessive in all the circumstances

Ratio Decidendi

The magistrate failed to demonstrate consideration of s.109A alternatives before imposing a custodial sentence on a 19‑year‑old; the suspended imprisonment was wrong in principle and excessive and must be set aside and replaced by a non‑custodial binding over consistent with the other counts.

Court Disposition

Appeal allowed; suspended one‑month imprisonment set aside; order substituted binding appellant over in recognizance of $1,000 for two years and conviction not to be recorded; costs order maintained.

Orders

  • Suspended sentence of one month imprisonment set aside.
  • Appellant bound over in his own recognizance in the sum of $1,000 to be of good behaviour for two years in respect of the forgery charge.