Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Minimum term under s.67b
  • 8 Aug 2003

    HKSAR v. CHEUNG LAI MAN

    Citation
    HKSAR v. CHEUNG LAI MAN
    Court
    Court of Appeal
    Case number
    CACC533/2002

    The Court of Appeal concluded the judge erred in imposing life imprisonment because the Crown had not established the appellant would remain an untreatable and indefinite danger to the public; psychiatric and psychological evidence did not show untreatability to justify an indeterminate sentence. Applying starting points and a one-third reduction for guilty pleas and the totality principle, the appropriate determinate sentence is 24 years (12 years on count 2, plus consecutive 6 years on each of counts 5 and 6). The previously fixed minimum term under s.67B is therefore irrelevant and excessi…