28 Sept 2018
SECRETARY FOR JUSTICE v. CHIU HIN CHUNG
- Citation
- [2018] HKCFA 43
- Court
- Court of Final Appeal
- Case number
- FACC11/2018
The Court held the Court of Appeal was entitled to review and replace the magistrate's manifestly inadequate community service sentences with custodial sentences but erred by applying the new Wong Chi Fung (CA) guidelines retrospectively when fixing lengths; s109A is measured by age at date of sentence though youth shortly before sentence remains a powerful mitigating factor; accordingly the CA's increased sentences were set aside and substituted with custodial sentences equal to time already served by each appellant.