Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sentencing guidelines/tariffs
  • 19 Sept 1989

    ATTORNEY GENERAL v. JIM CHONG SHING

    Citation
    ATTORNEY GENERAL v. JIM CHONG SHING
    Court
    Court of Appeal
    Case number
    CAAR2/1988

    The original 5‑year sentence for unlawful possession of a loaded revolver was manifestly inadequate in the absence of mitigating factors; the appropriate starting point was higher (Court identified 9 years as appropriate then reduced to 8 years after customary discount), and the Court holds that prosecuting counsel may, subject to strict limits, bring tariff/guideline Court of Appeal authorities to the trial judge's attention before mitigation but must not advocate for a particular sentence or have a right of reply.