Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sentencing — suspended sentence

Legal area

Court

3 Aug 2021

香港特別行政區訴黃林

Citation

[2021] HKCFI 2231
Court

Court of First Instance
Case number

HCMA387/2020

The trial judge's acceptance of the prosecution evidence that the appellant possessed the spray paint and intended to use it to mark the court wall was open on the evidence; the appellant's asserted motive of 'seeking redress' did not amount to a lawful excuse for damaging property, so the conviction and suspended sentence were properly upheld.
11 Mar 2020

香港特別行政區訴符文傑

Citation

[2020] HKCFI 1197
Court

Court of First Instance
Case number

HCMA458/2019

The court held the prison disciplinary hearing under the Prison Rules was administrative in nature and not a criminal prosecution for the purposes of the rule against double jeopardy or the human-rights provision relied upon; therefore there was no abuse of process in prosecuting the appellant criminally. The conviction was upheld and the sentence fixed at 10 days imprisonment but suspended for 1 year after accounting for prior disciplinary punishment and other mitigating factors including delay.