15 Oct 1998
HKSAR v. SEABROOK MARK ANTHONY
- Citation
- HKSAR v. SEABROOK MARK ANTHONY
- Court
- Court of Appeal
- Case number
- CACC364/1997
The Court held that judicially issued sentencing guidelines handed down after the date of offence, conviction and sentence do not operate like a statutory reduction and therefore do not entitle the applicant to the benefit of the new guideline; Article 12(1) and s.101J apply to statutory changes and not to later judicial guideline changes, and the sentencing in this case was not shown to be wrong in principle under the later guideline, so leave is refused.