HKSAR v. CHAN HO NAM AND OTHERS

HKSAR v. CHAN HO NAM AND OTHERS

The sentencing judge erred in equating the instant case to Habib Hashan because abduction and the attendant aggravating features in that precedent were absent; the applicants were better described as new acquaintances rather than trusted friends so breach of trust was not a significant aggravating factor; the judge...

Source-derived case information.

Citation
HKSAR v. CHAN HO NAM AND OTHERS
Parties
Respondent: HKSAR; 1st Applicant: CHAN Ho Nam (陳浩南); 2nd Applicant: WONG Chun Ho (黃俊豪); 3rd Applicant: LEE Tse Ho (李梓浩); 4th Applicant: LEE Cheuk Lok (李卓樂)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 June 2015
Case Number
CACC394/2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence in the Court of Appeal (leave Granted)
Outcome
Leave to appeal against sentence granted; original sentences quashed and substituted.
Legal Topics
Rape, Gang Rape, Sentencing Principles, Youth Mitigation, Aggravating Factors, Precedent Comparison
Source Language
en
Criminal Law Sentencing Law Rape Gang Rape Sentencing Principles Youth Mitigation Aggravating Factors Precedent Comparison

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Parties

HKSAR

Respondent

CHAN Ho Nam (陳浩南)

1st Applicant

WONG Chun Ho (黃俊豪)

2nd Applicant

LEE Tse Ho (李梓浩)

3rd Applicant

LEE Cheuk Lok (李卓樂)

4th Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence in the Court of Appeal (leave Granted)

Legal Issues

  1. 1 Appropriate starting point for sentence in a gang rape case
  2. 2 Whether the circumstances were comparable to precedent (Habib Hashan/Ahsan)
  3. 3 Whether breach of trust was an aggravating factor

Ratio Decidendi

The sentencing judge erred in equating the instant case to Habib Hashan because abduction and the attendant aggravating features in that precedent were absent; the applicants were better described as new acquaintances rather than trusted friends so breach of trust was not a significant aggravating factor; the judge did not fail to consider youth but the appropriate starting point is 8 years, not 9, and the Court substituted 8 years imprisonment for each appellant.

Court Disposition

Leave to appeal against sentence granted; original sentences quashed and substituted.

Orders

  • Granted leave to appeal against sentence.
  • Quashed each sentence of 9 years' imprisonment imposed on 29 October 2014.