HKSAR v. ERDENETSETSEG SANDAGDORJ AND ANOTHER

HKSAR v. ERDENETSETSEG SANDAGDORJ AND ANOTHER

The magistrate's sentences were appropriate and not manifestly excessive, but on humanitarian grounds — notably the 2nd appellant's pregnancy and the appellants' family circumstances not previously presented to the magistrate — each appellant's sentence was reduced by three months; the appellants' reduced culpability due to influence by their husbands was recognised.

Citation
HKSAR v. ERDENETSETSEG SANDAGDORJ AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: ERDENETSETSEG SANDAGDORJ; 2nd Appellant: OTGONDAVAA BUMBALAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 October 2006
Case Number
HCMA851/2006
Procedural Posture
Magistracy Appeal (court of First Instance Appellate Jurisdiction) / Judgment on Appeal (heard and Decided 6 October 2006)
Outcome
Appeals allowed in part; each appellant's sentence reduced by three months; otherwise the appeals dismissed and original sentences affirmed.
Legal Topics
Sentence Reduction, Pregnancy and Maternity, Family Hardship, Coercion/influence
Source Language
EN
Criminal Law Sentencing Appeal Sentence Reduction Pregnancy and Maternity Family Hardship Coercion/influence

Case Brief

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Parties

HKSAR

Respondent

ERDENETSETSEG SANDAGDORJ

1st Appellant

OTGONDAVAA BUMBALAI

2nd Appellant

Procedural Posture

Magistracy Appeal (court of First Instance Appellate Jurisdiction) / Judgment on Appeal (heard and Decided 6 October 2006)

Legal Issues

  1. 1 Whether the sentences were manifestly excessive or wrong in principle
  2. 2 Whether pregnancy and family hardship justify reduction of sentence
  3. 3 Whether the appellants' culpability was mitigated by influence of their husbands

Ratio Decidendi

The magistrate's sentences were appropriate and not manifestly excessive, but on humanitarian grounds — notably the 2nd appellant's pregnancy and the appellants' family circumstances not previously presented to the magistrate — each appellant's sentence was reduced by three months; the appellants' reduced culpability due to influence by their husbands was recognised.

Court Disposition

Appeals allowed in part; each appellant's sentence reduced by three months; otherwise the appeals dismissed and original sentences affirmed.

Orders

  • Reduce the sentence of each appellant by three months.
  • Appeals otherwise dismissed and original sentences upheld.