25 Jul 2002
The Court held the sentences were not excessive and the applicant's unfortunate circumstances did not amount to a good reason to reduce the sentence; accordingly leave to appeal was refused.
3 Jan 2002
The applicant failed to demonstrate that the sentences were excessive; compassionate grounds were insufficient, therefore leave to appeal was refused.
28 Feb 1996
The sentence of Training Centre was manifestly excessive and inappropriate in light of a favourable probation report and the appellant's status as a first offender with a medical condition preventing Detention Centre placement; the appropriate disposal was a 12-month Probation Order with conditions directing work and residence under the Probation Officer.
2 Feb 1996
The six‑month sentence was excessive because the assault was in effect minor and the evidence did not support a real risk of serious injury; the magistrate erred in imposing sentence primarily to address the appellant's drug addiction rather than the nature of the offence; the appellate court allowed the appeal and ordered immediate release.
30 Dec 1986
The magistrate's preference for the police officer's account was supported by evidence and not open to appellate interference; however the original fine was excessive and was reduced from $1,000 to $400.
29 Mar 1983
Appellate court allowed the appeal and substituted the sentence because the appellant was not the principal, acted on a single day assisting his mother, and the original fine of $150,000 or 6 months imprisonment was manifestly excessive; a fine of $5,000 with time to pay was appropriate.
29 Jan 1980
The Court found the original sentence to be excessive in light of the appellant's youth, the prolonged and significant provocation he suffered, his conduct up to the point of drawing the gun, and the delay in finalizing the matter; accordingly the sentence was reduced to fifteen months' imprisonment.
1 Jun 1978
Although consecutive sentences under s.82(2) District Court Ordinance are not per se unlawful, the aggregate term of eight and a half years was excessive in all the circumstances; the Court substituted a sentence of five and a half years' imprisonment, to run concurrently with the earlier sentence, and allowed the appeal.
1 Nov 1972
The training centre order was wrong in principle and manifestly excessive on the facts; the appeal is allowed and the order is set aside and substituted with a bond of $100 under s36(1)(b) of the Magistrates Ordinance.
28 Apr 1972
The magistrate's immediate imposition of nine months' imprisonment was manifestly excessive because he did not obtain or consider probation/prison reports or personal character information for youthful defendants with clear records, and there was no evidence the concealed weapons were used or intended to be used to threaten the public; accordingly the sentences were set aside and replaced with two year probation orders with residency and reporting conditions.