Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Review of manifestly inadequate sentence

Legal area

Court

14 Feb 1989

ATTORNEY GENERAL v. CHAN CHI WAH

Citation

ATTORNEY GENERAL v. CHAN CHI WAH
Court

Court of Appeal
Case number

CAAR23/1988

The Court held the original totality of 7 years was manifestly inadequate; exercising powers under s.68 CPO the Court left the individual sentences intact but ordered part‑consecutive commencement dates to achieve an appropriate aggregate sentence of 10 years, allowing a discount from a proper totality of 12 years for mitigation and plea.
28 Aug 1985

ATTORNEY GENERAL v. LAI SHU-PIU AND ANOTHER

Citation

ATTORNEY GENERAL v. LAI SHU-PIU AND ANOTHER
Court

Court of Appeal
Case number

CAAR12/1985

The guideline sentence for simple unlawful possession of a gun on a plea of guilty is six years' imprisonment; where there is intent to use the gun for an unlawful purpose a sentence in excess of six years is appropriate; the original sentences were manifestly inadequate and are substituted with six and five years respectively.