7 Nov 2012
HKSAR v. SARKUNA
- Citation
- HKSAR v. SARKUNA
- Court
- Court of Appeal
- Case number
- CACC239/2002
A sentencing judge must not reduce a sentence on the basis that a non-resident is unlikely in practice to obtain discretionary early release under the Prisoners (Release Under Supervision) Ordinance because eligibility and grant are matters of future discretion and speculative at the time of sentencing; additionally, in Sarkuna's case the one-year consecutive sentence for the small cocaine count was unjustified and must run concurrently, reducing the total term to 16 years.