HKSAR v. LAM WAI HUNG AND ANOTHER

HKSAR v. LAM WAI HUNG AND ANOTHER

The Court held the Magistrate was entitled to treat these as serious, concerted assaults on public officers and to impose immediate custodial sentences for deterrent purposes, but had not given sufficient weight to the appellants' personal circumstances and clear records; accordingly the appeals against sentence were allowed in part and the sentences reduced from 3 months to 6 weeks imprisonment each.

Citation
HKSAR v. LAM WAI HUNG AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: Lam Wai Hung; 2nd Appellant: Lai Yeuk Ho
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 September 2000
Case Number
HCMA333/2000
Procedural Posture
Magistracy Appeal (appeal From Magistrate to Court of First Instance) / Judgment on Appeal Against Sentence
Outcome
Appeals allowed in part; sentences reduced.
Legal Topics
Assault, Common Assault, Assault on Public Officers, Sentence Mitigation, Suspended Sentence, Deterrence
Source Language
EN
Criminal Law Sentencing Assault Common Assault Assault on Public Officers Sentence Mitigation Suspended Sentence Deterrence

Case Brief

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Parties

HKSAR

Respondent

Lam Wai Hung

1st Appellant

Lai Yeuk Ho

2nd Appellant

Procedural Posture

Magistracy Appeal (appeal From Magistrate to Court of First Instance) / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the Magistrate wrongly equated common assault with assaulting a police officer under s.36 Cap.212
  2. 2 Whether it was permissible to rely on intimidation or assaults by others in determining sentence for these appellants
  3. 3 Whether a suspended sentence or non-custodial order should have been considered

Ratio Decidendi

The Court held the Magistrate was entitled to treat these as serious, concerted assaults on public officers and to impose immediate custodial sentences for deterrent purposes, but had not given sufficient weight to the appellants' personal circumstances and clear records; accordingly the appeals against sentence were allowed in part and the sentences reduced from 3 months to 6 weeks imprisonment each.

Court Disposition

Appeals allowed in part; sentences reduced.

Orders

  • Each appellant's sentence of 3 months' imprisonment substituted with 6 weeks' imprisonment