律政司司長 訴 陳志滔

律政司司長 訴 陳志滔

The Court dismissed the prosecution's review. The original concurrent 12‑month probation orders were not manifestly inadequate because the offences, although serious and causing trauma, were committed when the defendant was a juvenile (about 14), there was insufficient basis to treat the relationship as a breach of...

Source-derived case information.

Citation
[2020] HKCA 296
Parties
Applicant: Secretary for Justice (律政司司長); Respondent: Chan Chi Tao (陳志滔)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 May 2020
Case Number
CAAR6/2018
Procedural Posture
Criminal Sentence Review Under S81 a Criminal Procedure Ordinance / Application to the Court of Appeal to Review and Vary Sentence (sentence Review Hearing)
Outcome
Application to review sentence dismissed; original sentence upheld
Legal Topics
Indecent Assault, Breach of Trust, Sentence Review, Rehabilitation, Delay in Reporting
Source Language
ch
Criminal Law Sentencing Juvenile Justice Sexual Offences Indecent Assault Breach of Trust Sentence Review Rehabilitation +1 more

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Parties

Secretary for Justice (律政司司長)

Applicant

Chan Chi Tao (陳志滔)

Respondent

Procedural Posture

Criminal Sentence Review Under S81 a Criminal Procedure Ordinance / Application to the Court of Appeal to Review and Vary Sentence (sentence Review Hearing)

  1. 1 Whether original sentence was manifestly inadequate and should be increased to immediate custodial term
  2. 2 Whether the defendant's relationship to the victim amounted to an aggravating 'breach of trust'
  3. 3 Whether the defendant's age at the time of the offences and long delay in prosecution justify a non-custodial dispositional approach

Ratio Decidendi

The Court dismissed the prosecution's review. The original concurrent 12‑month probation orders were not manifestly inadequate because the offences, although serious and causing trauma, were committed when the defendant was a juvenile (about 14), there was insufficient basis to treat the relationship as a breach of trust warranting heavier sentence, the very long delay and defendant's subsequent rehabilitation and positive personal circumstances justified a non‑custodial disposition, and imprisonment of a juvenile is a last resort.

Court Disposition

Application to review sentence dismissed; original sentence upheld

Orders

  • Application under Criminal Procedure Ordinance Cap.221 s81A dismissed
  • Original sentence of three concurrent 12‑month probation orders (感化令) upheld