Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discretion of sentencer

Legal area

Court

15 Mar 1992

THE QUEEN v. DAVID HENRY EDWARDS

Citation

THE QUEEN v. DAVID HENRY EDWARDS
Court

Court of First Instance
Case number

HCMA1096/1991

Time spent in custody awaiting extradition is a relevant sentencing consideration to be taken into account at the sentencer's discretion; a defendant's flight does not automatically bar credit. Applying that principle, the court allowed a six month deduction from a 12 month sentence, reducing it to six months.
11 Nov 1972

THE ATTORNEY GENERAL v. WONG CHI-FAI

Citation

THE ATTORNEY GENERAL v. WONG CHI-FAI
Court

Court of Appeal
Case number

CAAR9/1972

The court held that sentencing must balance offender circumstances and public interest, that courts may impose exemplary deterrent sentences where public interest requires, but must still consider individual circumstances; the phrase "manifestly inadequate" in s.81A carries the same stringent meaning as "manifestly excessive" on appeal so the Attorney General faces a high threshold when applying for review, and review is a procedural right distinct from an appeal warranting judicial restraint.