THE QUEEN v. CHIU KWOK WING

THE QUEEN v. CHIU KWOK WING

The nine month sentence was excessive in relation to the seriousness of the theft; while drug dependence is a relevant consideration, it does not permit a sentence disproportionate to the offence, and the appropriate sentence was reduced to three months imprisonment.

Source-derived case information.

Citation
THE QUEEN v. CHIU KWOK WING
Parties
Crown: The Queen; Appellant: Chiu Kwok Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 February 1993
Case Number
HCMA1209/1992
Procedural Posture
Criminal / Magistracy Appeal Sentence Review
Outcome
Appeal allowed
Legal Topics
Theft, Drug Dependence, Appropriateness of Custodial Sentence, Sentencing Proportionality
Source Language
en
Criminal Law Sentencing Drugs Theft Drug Dependence Appropriateness of Custodial Sentence Sentencing Proportionality

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Parties

The Queen

Crown

Chiu Kwok Wing

Appellant

Procedural Posture

Criminal / Magistracy Appeal Sentence Review

Legal Issues

  1. 1 Whether nine months imprisonment was excessive for the theft committed
  2. 2 Whether the offender's drug dependence justified a longer custodial term for enforced abstinence
  3. 3 Whether sentence sufficiently reflected seriousness of the offence

Ratio Decidendi

The nine month sentence was excessive in relation to the seriousness of the theft; while drug dependence is a relevant consideration, it does not permit a sentence disproportionate to the offence, and the appropriate sentence was reduced to three months imprisonment.

Court Disposition

Appeal allowed

Orders

  • Original sentence of nine months imprisonment quashed and replaced with three months imprisonment