HKSAR v. HWANG TING KWAN

HKSAR v. HWANG TING KWAN

The appellate court reduced the immediate custodial sentence from 12 months to 3 months because the course of justice obstructed was of limited gravity (consumption of two cannabis cigarettes), and implemented the breached suspended sentence of 3 months, producing a total 6 months imprisonment; conviction affirmed and sentence altered to reflect proportionality.

Citation
HKSAR v. HWANG TING KWAN
Parties
Respondent: Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 January 2008
Case Number
HCMA1093/2007
Procedural Posture
Criminal Appeal Against Sentence / Sentence Determination on Appeal
Outcome
Appeal allowed in part: immediate sentence reduced to 3 months; breached suspended sentence of 3 months implemented; total 6 months imprisonment; conviction upheld.
Legal Topics
Perverting the Course of Justice, Sentence Reduction on Appeal, Implementation of Suspended Sentence
Source Language
EN
Criminal Law Sentencing Common Law Offences Perverting the Course of Justice Sentence Reduction on Appeal Implementation of Suspended Sentence

Case Brief

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Parties

Respondent

Respondent

Procedural Posture

Criminal Appeal Against Sentence / Sentence Determination on Appeal

Legal Issues

  1. 1 Whether a 12 month immediate sentence for perverting the course of justice was excessive
  2. 2 Appropriate quantum of sentence reflecting the gravity of the perversion of the course of justice in this factual matrix
  3. 3 Whether to implement a breached suspended sentence

Ratio Decidendi

The appellate court reduced the immediate custodial sentence from 12 months to 3 months because the course of justice obstructed was of limited gravity (consumption of two cannabis cigarettes), and implemented the breached suspended sentence of 3 months, producing a total 6 months imprisonment; conviction affirmed and sentence altered to reflect proportionality.

Court Disposition

Appeal allowed in part: immediate sentence reduced to 3 months; breached suspended sentence of 3 months implemented; total 6 months imprisonment; conviction upheld.

Orders

  • Reduce immediate sentence for perverting the course of justice to 3 months' imprisonment.
  • Implement the breached suspended sentence of 3 months, to run cumulatively, yielding a total of 6 months' imprisonment.