28 Sept 2018
SECRETARY FOR JUSTICE v. LAM LONG YIN
- Citation
- [2018] HKCFA 43
- Court
- Court of Final Appeal
- Case number
- FACC10/2018
The appeals were allowed because although the Court of Appeal was entitled to substitute custodial sentences for manifestly inadequate community service orders, it erred by applying the new Wong Chi Fung sentencing guidelines retrospectively when fixing sentence lengths and failed to take adequate account of youth considerations under s109A; therefore the Court of Final Appeal set aside the CA custodial sentences and substituted sentences equivalent to time already served by each appellant.