23 Aug 2018
香港特別行政區 訴 周毅瑱
- Citation
- [2018] HKCA 532
- Court
- Court of Appeal
- Case number
- CACC125/2017
儘管罪行極其嚴重且通常須判即時監禁，但鑑於上訴人在案發時為15歲、為初犯、適合教導所訓練且已服刑逾一年，法院認為將原判即時監禁撤銷並改判入教導所更能促進更生，且基於已服刑時間及教導所拘留期的合計仍足以達到懲罰及阻嚇目的，因此在此個案改判入教導所是適當的。
Hong Kong Case Law
Sentence substitution
9 Jun 2015
香港特別行政區 訴 余堯地
- Citation
- 香港特別行政區 訴 余堯地
- Court
- Court of First Instance
- Case number
- HCMA465/2014
Material inconsistencies and the absence in contemporaneous statements of the crucial allegation (touching chest) created reasonable doubt as to indecent assault; that reasonable doubt requires quashing the indecent assault conviction, but the evidence supported a finding of common assault, so the conviction is substituted and sentence varied.
20 Dec 2012
HKSAR v. TSANG WAI LUN WAYLAND AND ANOTHER
- Citation
- HKSAR v. TSANG WAI LUN WAYLAND AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC96/2010
The Court held that s83B empowers it to increase individual and cumulative sentences for remaining counts to rectify sentencing anomalies caused by quashed convictions but construed s83B as not authorizing an overall sentence on the remnant counts that is more severe than the total sentence imposed at trial; applying that construction and correcting the trial judge's understatement of the individual seriousness of charges 3 and 4, the Court substituted higher concurrent sentences of 22 months for Tsang (each count) and 20 months for Kwok (each count) after limited discounts for delay and good…
20 Jan 2012
HKSAR v. HMS
- Citation
- HKSAR v. HMS
- Court
- Court of Appeal
- Case number
- CACC263/2006
The Court exercised its discretion to grant the extension of time and leave to appeal, treated the application as the substantive appeal and substituted the sentence on the second count, reducing the total sentence from 12 years to 10 years 10 months, with the sentences to run concurrently.
23 May 2007
HKSAR v. WONG KAM TONG
- Citation
- HKSAR v. WONG KAM TONG
- Court
- Court of Appeal
- Case number
- CACC522/2005
Because two convictions were quashed the court reassessed the sentence for the surviving attempted theft conviction and, having regard to the offence’s planning, gang involvement and that it was committed while on bail, substituted two years imprisonment for the original three years and three months.
19 Dec 2006
HKSAR v. SO WAI LUN
- Citation
- HKSAR v. SO WAI LUN
- Court
- Court of First Instance
- Case number
- HCMA938/2006
Because the appellant was morally blameless and the prosecution properly conceded that imprisonment would be unjust, the court allowed the appeal against sentence and substituted the sentence with an order that the appellant enter into a recognizance of $1,000 for good behaviour for 12 months.
3 Mar 2006
HKSAR v. CHAN KWAI TONG
- Citation
- HKSAR v. CHAN KWAI TONG
- Court
- Court of First Instance
- Case number
- HCMA993/2005
The court held that, applying s35 and the 18‑month publication rule, the 60 DVDs of the film 'Hero' imported on 7 Oct 2004 were not infringing copies because more than 18 months had elapsed since first publication in Hong Kong; the conviction in respect of those DVDs was therefore unsafe and was quashed. The two VCDs remained properly convicted. The original one‑month custodial sentence was excessive and was quashed and replaced by a fine of HK$1,000 to be taken from bail money.
11 Jan 2005
SECRETARY FOR JUSTICE v. WONG TAT YAN AND ANOTHER
- Citation
- SECRETARY FOR JUSTICE v. WONG TAT YAN AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP2216/2004
Prisoners convicted of murder when under 18 who would otherwise have been detained at Her Majesty's pleasure fall to be sentenced to a fixed term under s.67C; in this case the appropriate fixed term was assessed at 32 years with a 3‑year discount for rehabilitation, and the court quashed the original indeterminate sentences and substituted 29 years' imprisonment for each respondent pursuant to s.67C(4)(b).
11 Jan 2005
SECRETARY FOR JUSTICE v. WONG TAT YAN AND ANOTHER
- Citation
- SECRETARY FOR JUSTICE v. WONG TAT YAN AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP2217/2004
The court exercised its power under s.67C(4)(b) to quash the respondents' indeterminate detention orders and substitute fixed terms because the offence was a serious premeditated triad gang murder justifying a lengthy fixed term (assessed at 32 years) but the respondents' demonstrated rehabilitation and remorse warranted a three-year discount, resulting in substituted sentences of 29 years' imprisonment for each respondent.
16 May 2003
HKSAR v. WONG WAI PING
- Citation
- HKSAR v. WONG WAI PING
- Court
- Court of Appeal
- Case number
- CACC478/2002
Although the appellant was found in recent possession of three credit cards and an identity card shortly after a clearly defined burglary, the surrounding facts (no evidence of forced entry, possibility of insider access, absence of other stolen items in appellant's possession and the general feel of the case) produced a lurking doubt that she was the actual burglar; however the evidence established dishonest use of stolen cards so, under s.32 Cap.210, the Court quashed the burglary conviction and substituted a conviction for handling stolen goods and imposed a substituted sentence consistent…