HKSAR v. MAN YU HIN WILLIAM MORISSETTE

HKSAR v. MAN YU HIN WILLIAM MORISSETTE

The Court held that although imprisonment was unavoidable for the indecent assault, the one year sentence was manifestly excessive given the comparatively limited physical acts and mitigating factors; accordingly the appropriate reduction was to nine months' imprisonment.

Citation
HKSAR v. MAN YU HIN WILLIAM MORISSETTE
Parties
Appellant/convict: Appellant; Respondent: HKSAR
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 November 2005
Case Number
HCMA675/2005
Procedural Posture
Criminal Appeal Against Sentence / Appeal to Court of First Instance After Conviction and Sentencing in Magistrates' Court
Outcome
Appeal allowed in part; sentence reduced from 12 months to 9 months imprisonment
Legal Topics
Indecent Assault, Breach of Trust, Aggravating and Mitigating Factors, Manifestly Excessive Sentence, Appeal Reduction
Source Language
EN
Criminal Law Sexual Offences Sentencing Child Protection Education Law Indecent Assault Breach of Trust Aggravating and Mitigating Factors +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Appellant

Appellant/convict

HKSAR

Respondent

Procedural Posture

Criminal Appeal Against Sentence / Appeal to Court of First Instance After Conviction and Sentencing in Magistrates' Court

Legal Issues

  1. 1 Whether the one year custodial sentence for indecent assault was manifestly excessive
  2. 2 Proper assessment of aggravating factors (teacher-student relationship, location in school, planning/cooling-off)
  3. 3 Proper assessment of mitigating factors (brief duration, nature of contact, clear record, family impact)

Ratio Decidendi

The Court held that although imprisonment was unavoidable for the indecent assault, the one year sentence was manifestly excessive given the comparatively limited physical acts and mitigating factors; accordingly the appropriate reduction was to nine months' imprisonment.

Court Disposition

Appeal allowed in part; sentence reduced from 12 months to 9 months imprisonment

Orders

  • Original sentence of 12 months' imprisonment reduced to nine months' imprisonment