28 Sept 2018
SECRETARY FOR JUSTICE v. YIM MAN WA
- Citation
- [2018] HKCFA 43
- Court
- Court of Final Appeal
- Case number
- FACC7/2018
The magistrate had erred in principle and imposed manifestly inadequate community service orders given the violent scale of the unlawful assembly and lack of genuine remorse, so a custodial sentence was justified under s81A; however the Court of Appeal unlawfully relied on the new Wong Chi Fung (CA) guidelines (applied retroactively) in fixing the quantum of imprisonment and failed to record consideration of s109A for appellants who were youths at the time of offending; accordingly the CA sentences of imprisonment were set aside and replaced with custodial sentences equivalent to time already…