Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Magistrate sentencing discretion

Legal area

Court

7 Jul 1989

THE QUEEN v. KONG CHEUK-CHI

Citation

THE QUEEN v. KONG CHEUK-CHI
Court

Court of First Instance
Case number

HCMA721/1989

It is wrong in principle to increase a tariff sentence merely because the accused pleaded not guilty; the Magistrate erred in increasing the tariff from 15 to 18 months for that reason and the sentence was reduced to the appropriate tariff of 15 months.
4 Jan 1980

YEUNG KWOK-FU v. THE QUEEN

Citation

YEUNG KWOK-FU v. THE QUEEN
Court

Court of Appeal
Case number

CACC1196/1979

Although activation of the suspended sentence was not wrong in principle, the totality of the sentence had to reflect that the December 1978 suspended sentence should not have been imposed; therefore the three month sentence for claiming to be a member of a triad society was ordered to run concurrently with the other current sentences, producing an effective sentence of eighteen months while the activated six month suspended sentence remains consecutive.