Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sentence on appeal

Legal area

Court

18 Jun 2019

HKSAR v. BADAMKHAND BATCHULUUN

Citation

[2019] HKCFI 1506
Court

Court of First Instance
Case number

HCMA75/2019

The Principal Magistrate's sentence was materially too lenient because the appellant was not a first offender and the offence was committed in a crowded place and in the context of the appellant's Form 8 status; those factors warranted an uplift from the correct starting point and justified increasing the sentence on appeal.
8 Jul 2003

HKSAR v. IP CHI WANG

Citation

HKSAR v. IP CHI WANG
Court

Court of First Instance
Case number

HCMA377/2003

The appeal was dismissed because the magistrate was entitled to accept PW1's evidence notwithstanding minor semantic inconsistencies, the knife was by its nature an offensive weapon and the circumstances of concealment in a public place supported an inference of offensive purpose, and the nine month immediate custodial sentence was not excessive given the nature of the weapon and limited delay before charge.