HKSAR v. HO KWAN

HKSAR v. HO KWAN

The magistrate properly found deliberate wounding was committed with a dangerous weapon, correctly treated the prison setting as an aggravating circumstance, considered the totality principle and lawfully ordered the 12 month sentence to run consecutively to the existing sentence; therefore the appeal against sentence fails and must be dismissed.

Citation
HKSAR v. HO KWAN
Parties
Respondent: HKSAR; Appellant: HO KWAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 January 1999
Case Number
HCMA968/1998
Procedural Posture
Magistracy Appeal / Appeal Against Sentence; Judgment Delivered From Court of First Instance (appellate Jurisdiction)
Outcome
Appeal dismissed
Legal Topics
Wounding Under Section 19 Chapter 212, Use of a Weapon, Aggravating Factors (offence in Prison), Totality Principle, Consecutive Sentences
Source Language
EN
Criminal Law Sentencing Prison Law Assault/wounding Wounding Under Section 19 Chapter 212 Use of a Weapon Aggravating Factors (offence in Prison) Totality Principle +1 more

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Parties

HKSAR

Respondent

HO KWAN

Appellant

Procedural Posture

Magistracy Appeal / Appeal Against Sentence; Judgment Delivered From Court of First Instance (appellate Jurisdiction)

Legal Issues

  1. 1 Whether the offence was a deliberate act of wounding
  2. 2 Whether the fact the offence occurred inside a prison is an aggravating feature
  3. 3 Whether the magistrate correctly applied the totality principle in ordering the sentence to run consecutively

Ratio Decidendi

The magistrate properly found deliberate wounding was committed with a dangerous weapon, correctly treated the prison setting as an aggravating circumstance, considered the totality principle and lawfully ordered the 12 month sentence to run consecutively to the existing sentence; therefore the appeal against sentence fails and must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Sentence of 12 months imprisonment affirmed and ordered to be served consecutively to the sentence the appellant was then serving