Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sentence limits under statutory interpretation
  • 6 Sept 1989

    THE QUEEN v. CHUNG PIN CHUNG

    Citation
    THE QUEEN v. CHUNG PIN CHUNG
    Court
    Court of Appeal
    Case number
    CACC84/1989

    The Court held that the appellant was an active participant in the kidnapping and gang rape such that the 10 year sentence for rape was appropriate and would be affirmed, that the trial judge's 8 year term for the common law kidnapping count was erroneous given statutory limits and the proper disposal was to reduce the kidnapping sentence to 5 years, to run concurrently with the 10 year rape term; the plea discount and totality considerations did not justify further reduction of the rape sentence.