Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Gang rape

  • 23 Jun 2015

    HKSAR v. CHAN HO NAM AND OTHERS

    Citation
    HKSAR v. CHAN HO NAM AND OTHERS
    Court
    Court of Appeal
    Case number
    CACC394/2014

    The sentencing judge erred in equating the instant case to Habib Hashan because abduction and the attendant aggravating features in that precedent were absent; the applicants were better described as new acquaintances rather than trusted friends so breach of trust was not a significant aggravating factor; the judge did not fail to consider youth but the appropriate starting point is 8 years, not 9, and the Court substituted 8 years imprisonment for each appellant.

  • 10 Mar 1998

    HKSAR v. KONG KA CHUN and Others

    Citation
    HKSAR v. KONG KA CHUN and Others
    Court
    Court of Appeal
    Case number
    CACC311/1997

    The Court held that the trial judge's starting point and recognition of aggravating features were appropriate but that the total discount should have been 18 months; the first applicant's attempted plea reversal did not justify withholding the bulk of the plea/youth discount and, accordingly, the sentence was reduced to 6.5 years imprisonment.

  • 24 Jan 1990

    THE QUEEN v. NG KOON TAI AND ANOTHER

    Citation
    THE QUEEN v. NG KOON TAI AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC330/1989

    The Court held that although the offences were premeditated and vicious, they did not fall within the very worst category of gang rape warranting a 15‑year starting point; a 12‑year starting point was appropriate and, after allowing for guilty pleas, youth and other mitigation, the sentences should be reduced to 9 years for D1 and 10 years for D2.

  • 6 Sept 1989

    THE QUEEN v. CHUNG PIN CHUNG

    Citation
    THE QUEEN v. CHUNG PIN CHUNG
    Court
    Court of Appeal
    Case number
    CACC84/1989

    The Court held that the appellant was an active participant in the kidnapping and gang rape such that the 10 year sentence for rape was appropriate and would be affirmed, that the trial judge's 8 year term for the common law kidnapping count was erroneous given statutory limits and the proper disposal was to reduce the kidnapping sentence to 5 years, to run concurrently with the 10 year rape term; the plea discount and totality considerations did not justify further reduction of the rape sentence.

  • 18 Aug 1988

    ATTORNEY GENERAL v. IP CHUNG HANG

    Citation
    ATTORNEY GENERAL v. IP CHUNG HANG
    Court
    Court of Appeal
    Case number
    CAAR6/1988

    The Court held the original sentences were manifestly inadequate for the rape offences; the rapes in the sauna were distinct offences from the assault/theft/blackmail and, in principle, should have been consecutive though the totality principle justified making all sentences concurrent; aggravating factors (repetition, group participation, premeditation, victim age) required higher terms; the appropriate terms were increased to 8 years for Counts 5-7, 12 years for Count 9 reduced to 10 years on review discount, and 4 years for Count 15, all to run concurrently, and the review application was…