香港特別行政區 訴 林啟明

香港特別行政區 訴 林啟明

The bail application was refused because the sentence of 4 years 8 months was not manifestly excessive in all the circumstances: the applicant played an active frontline role throughout the incident, carried a potentially lethal wooden stick, and participated in organised, premeditated private collective violence...

Source-derived case information.

Citation
[2022] HKCA 141
Parties
Applicant (d4): Lam Kai Ming (林啟明); Respondent: The Hong Kong Special Administrative Region
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 January 2022
Case Number
CACC171/2021
Procedural Posture
Criminal Appeal (bail Application Pending Appeal) / Application for Bail Pending Appeal
Outcome
Application for bail pending appeal refused
Legal Topics
Rioting, Assault, Sentencing Disparity, Bail Pending Appeal, Group Liability, Private Vigilantism
Source Language
ch
Criminal Law Sentencing Bail Public Order Rioting Assault Sentencing Disparity Bail Pending Appeal +2 more

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Parties

Lam Kai Ming (林啟明)

Applicant (d4)

The Hong Kong Special Administrative Region

Respondent

Procedural Posture

Criminal Appeal (bail Application Pending Appeal) / Application for Bail Pending Appeal

  1. 1 Whether the sentence of 4 years 8 months is manifestly excessive
  2. 2 Whether the applicant's sentence is disproportionately severe compared with co-defendants
  3. 3 Whether bail pending appeal should be granted given prospects of success

Ratio Decidendi

The bail application was refused because the sentence of 4 years 8 months was not manifestly excessive in all the circumstances: the applicant played an active frontline role throughout the incident, carried a potentially lethal wooden stick, and participated in organised, premeditated private collective violence that aggravated culpability (notably by proceeding to the platform/carriage); there was no realistic prospect of success on appeal to justify bail.

Court Disposition

Application for bail pending appeal refused

Orders

  • Bail pending appeal refused