HKSAR v. LEE CHUN KIT

HKSAR v. LEE CHUN KIT

Two months' imprisonment was not manifestly excessive on the facts, but because the magistrate had repeatedly and expressly led the appellant to expect no imprisonment a legitimate expectation was created; that promise was breached and the custodial sentences were therefore unsafe and must be set aside and replaced with fines of HK$5,000 per offence.

Citation
HKSAR v. LEE CHUN KIT
Parties
Respondent: HKSAR
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 February 2004
Case Number
HCMA1007/2003
Procedural Posture
Criminal Appeal Sentence Only / Determination by Court of First Instance on Appeal Against Sentence
Outcome
Appeal allowed in part: custodial sentences set aside due to legitimate expectation created by court; substitute fines imposed
Legal Topics
Possession of Prohibited Weapon, Sentence Mitigation and Totality, Court Statements Creating Expectation of Non Custodial Disposal, Excepted Offences, Substitute Non Custodial Penalties
Source Language
EN
Criminal Law Sentencing Weapons Offences Criminal Procedure Possession of Prohibited Weapon Sentence Mitigation and Totality Court Statements Creating Expectation of Non Custodial Disposal Excepted Offences +1 more

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Parties

HKSAR

Respondent

Procedural Posture

Criminal Appeal Sentence Only / Determination by Court of First Instance on Appeal Against Sentence

Legal Issues

  1. 1 Whether the two month concurrent custodial sentences were manifestly excessive
  2. 2 Whether the magistrate's prior statements that he would not imprison the appellant created a justifiable sense of grievance making imprisonment unjust
  3. 3 What substitute sentence is appropriate if imprisonment is set aside

Ratio Decidendi

Two months' imprisonment was not manifestly excessive on the facts, but because the magistrate had repeatedly and expressly led the appellant to expect no imprisonment a legitimate expectation was created; that promise was breached and the custodial sentences were therefore unsafe and must be set aside and replaced with fines of HK$5,000 per offence.

Court Disposition

Appeal allowed in part: custodial sentences set aside due to legitimate expectation created by court; substitute fines imposed

Orders

  • Sentences of two months' imprisonment imposed for each charged offence set aside
  • In substitution, fine of HK$5,000 imposed for each offence