29 Jul 2008
SECRETARY FOR JUSTICE v. MA KWAI CHUN
- Citation
- SECRETARY FOR JUSTICE v. MA KWAI CHUN
- Court
- Court of Appeal
- Case number
- CAAR11/2007
The Court refused the review because, given the magistrate's findings (delusional disorder, split-second act of desperation, immediate hospital detention for seven days, minor physical injuries and consideration of ability to pay), the sentence imposed fell within the range a reasonable sentencing tribunal could impose; the general rule favouring immediate custody for assaults on public officers does not oust the requirement to consider individual circumstances and mental disorder mitigation.