Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Collective liability

  • 11 Jun 2024

    香港特別行政區 訴 陳思朗

    Citation
    [2024] HKCA 529
    Court
    Court of Appeal
    Case number
    CACC28/2023

    The Court refused leave to appeal: the trial judge's adverse credibility findings and inference that the applicant had come prepared to participate in the riot were reasonable and open on the evidence, the prosecution proved participation and the collective character of the riot, and the sentencing judge's baseline and 3-month discount were within proper exercise of discretion; conviction and sentence are affirmed.

  • 5 Jun 2023

    香港特別行政區 訴 施銘洋及另四人

    Citation
    [2023] HKDC 915
    Court
    District Court
    Case number
    DCCC832/2022

    The court held that riot participation in a large, violent public disorder requires deterrent custodial sentences reflecting the collective nature and risks of the conduct; applying appellate guidance, the court set starting points at five years for defendants whose equipment and role matched earlier guilty pleas and 4 years 9 months for those with limited personal equipment and lesser roles, then reduced those starting points modestly for specific mitigating factors (pre‑trial conduct, age, trial cooperation, caregiving), resulting in final imprisonments of 4 years 8 months (D4), 4 years 3 m…