HKSAR v. TANG CHI HO, BOBBY

HKSAR v. TANG CHI HO, BOBBY

The 6-year sentence for rape, when combined with the concurrent 2-year theft sentences, produced an overall term that was excessive under the totality principle; accordingly the Court reduced the rape sentence to 5 years to achieve a proportionate total effective sentence of 7 years.

Source-derived case information.

Citation
HKSAR v. TANG CHI HO, BOBBY
Parties
Respondent: HKSAR; Applicant/defendant: Tang Chi Ho (Bobby)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
24 July 1998
Case Number
CACC70/1998
Procedural Posture
Criminal Appeal Against Sentence / Court of Appeal Hearing and Judgment (appeal Against Sentence)
Outcome
Appeal allowed in part; leave to appeal granted; sentence for rape reduced from 6 years to 5 years resulting in total term reduced from 8 years to 7 years.
Legal Topics
Rape, Theft, Totality Principle, Sentence Reduction, Concurrent and Consecutive Sentences
Source Language
en
Criminal Law Sentencing Sexual Offences Property Offences Rape Theft Totality Principle Sentence Reduction +1 more

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Parties

HKSAR

Respondent

Tang Chi Ho (Bobby)

Applicant/defendant

Procedural Posture

Criminal Appeal Against Sentence / Court of Appeal Hearing and Judgment (appeal Against Sentence)

Legal Issues

  1. 1 Whether the 6-year sentence for rape was excessive
  2. 2 Whether the totality principle required reduction of the overall effective sentence
  3. 3 Proper ordering of concurrent and consecutive sentences

Ratio Decidendi

The 6-year sentence for rape, when combined with the concurrent 2-year theft sentences, produced an overall term that was excessive under the totality principle; accordingly the Court reduced the rape sentence to 5 years to achieve a proportionate total effective sentence of 7 years.

Court Disposition

Appeal allowed in part; leave to appeal granted; sentence for rape reduced from 6 years to 5 years resulting in total term reduced from 8 years to 7 years.

Orders

  • Leave to appeal granted and application treated as the appeal proper
  • Sentence for rape reduced from 6 years to 5 years