Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Intoxication and culpability

  • 10 Sept 1999

    SECRETARY FOR JUSTICE v. LAU YUN LEUNG

    Citation
    SECRETARY FOR JUSTICE v. LAU YUN LEUNG
    Court
    Court of Appeal
    Case number
    CAAR3/1999

    The trial judge erred in failing to treat the sustained and excessive violence and the time/place of the assault as aggravating; intoxication did not mitigate and could aggravate; having regard to the degree of violence and circumstances, a proper starting point for completed rape would be about ten years, for attempted rape eight years, reduced by full discount for plea and a small further reduction on review, resulting in an appropriate sentence of five years imprisonment; original 30 months sentence was manifestly inadequate and was quashed and substituted accordingly.

  • 27 May 1993

    LO HON HIN v. THE QUEEN

    Citation
    LO HON HIN v. THE QUEEN
    Court
    Court of First Instance
    Case number
    HCMA875/1992

    Magistrate's findings that the appellant acted deliberately and with the requisite intention to obstruct were properly open on the evidence; the degree of intoxication did not conclusively negate intent and the police were lawfully conducting a liquor licence identity check, therefore the conviction and sentence were upheld and the appeal dismissed.