Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Attempted buggery

Legal area

Court

13 Dec 2013

HKSAR v. MO HIU FUNG

Citation

HKSAR v. MO HIU FUNG
Court

Court of Appeal
Case number

CACC139/2013

Appellate court found the trial judge's 5-year starting point for the aggravated rape was unduly lenient given multiple aggravating features and that the bottom of the appropriate range was at least 6 years; exercising CPO s83I(3)(b) the court quashed the 5-year sentence and substituted 6 years for the rape, dismissed other grounds of appeal and left other sentences undisturbed, resulting in total custody of 7 years.
20 Dec 1996

R. v. WONG WING SUN

Citation

R. v. WONG WING SUN
Court

Court of Appeal
Case number

CACC18/1996

By majority the Court held the conviction was unsafe or unsatisfactory under s.83(1)(a) because, on a review of the whole evidence, cumulative inconsistencies, evidentiary weaknesses (identification issues, conflicting statements, and forensic gaps) created a real possibility of wrongful conviction; therefore the appeal was allowed and the conviction quashed. The dissenting judge would have applied the proviso and dismissed the appeal, emphasizing deference to the jury where sufficient evidence exists.