Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mitigation (intoxication)

  • 9 Oct 2014

    HKSAR v. LAXMAN CHADARO

    Citation
    HKSAR v. LAXMAN CHADARO
    Court
    Court of First Instance
    Case number
    HCMA374/2014

    Although the magistrate was correct to impose six months' imprisonment for possession of an offensive weapon, the appellant's background (torture claimant status, family responsibilities), genuine remorse, supportive probation report, impulsiveness exacerbated by alcohol and the short duration of the incident constituted exceptional circumstances justifying suspension of the six‑month sentence for two years to permit rehabilitation.

  • 28 Jan 1997

    R. v. YUEN KWAI WAH

    Citation
    R. v. YUEN KWAI WAH
    Court
    Court of First Instance
    Case number
    HCMA1417/1996

    The appellate court concluded the magistrate did not err in principle and the total effective sentence of eight months (five months imposed plus activation of a three-month suspended sentence) was not manifestly excessive given the appellant's repeated violent conduct, the need for deterrence and protection, and the appellant's failure to treat the suspended sentence as punitive; therefore the appeal against sentence is dismissed.