HKSAR v. CHEUNG MAN YUI

HKSAR v. CHEUNG MAN YUI

Given the appellant's age, serious and repeated offending, unsuitability for probation or community service and prior imprisonment which had little rehabilitative effect, committal to Training Centre was a proper and proportionate sentence; the appeal is dismissed.

Citation
HKSAR v. CHEUNG MAN YUI
Parties
Respondent: HKSAR; Appellant: CHEUNG MAN YUI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 August 2002
Case Number
HCMA612/2002
Procedural Posture
Magistracy Appeal (criminal) / Appeal Judgment (court of First Instance)
Outcome
Appeal dismissed; sentence committing appellant to Training Centre upheld
Legal Topics
Robbery, Training Centre, Detention, Juvenile Sentencing, Appeal Against Sentence
Source Language
EN
Criminal Law Sentencing Youth Justice Rehabilitation Robbery Training Centre Detention Juvenile Sentencing +1 more

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Parties

HKSAR

Respondent

CHEUNG MAN YUI

Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appeal Judgment (court of First Instance)

Legal Issues

  1. 1 Whether committal to Training Centre was an appropriate sentence for a 17 year old convicted of robbery
  2. 2 Whether a Training Centre order constitutes an indeterminate sentence and how its duration should be characterised
  3. 3 Whether a period in Training Centre is equivalent to a period of imprisonment for sentencing purposes

Ratio Decidendi

Given the appellant's age, serious and repeated offending, unsuitability for probation or community service and prior imprisonment which had little rehabilitative effect, committal to Training Centre was a proper and proportionate sentence; the appeal is dismissed.

Court Disposition

Appeal dismissed; sentence committing appellant to Training Centre upheld

Orders

  • Appeal dismissed
  • Order committing appellant to Training Centre upheld