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The Court of First Instance ordered a US$1.7 million interim payment in a damages-to-be-assessed dispute, rejecting delay objections and including an interest component.
The Court of First Instance ordered an interim payment of US$1.7 million after judgment for damages to be assessed, rejecting delay objections and allowing interest.
The appeal is dismissed because the appellate court, having reviewed the footage and evidence and given proper weight to the trial judge's opportunity to see and hear witnesses, concluded the trial judge's factual findings that the respondent acted to protect the complainant and that there was no established common criminal plan were open to be made and not perverse; accordingly the acquittal stands and the respondent, as successful party in the appeal, is awarded costs of the appeal in a reasonable sum.
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The Court of Appeal granted bail pending appeal in a criminal case, finding arguable grounds on witness credibility and on whether delay was sufficiently reflected in sentence.
The court applied established sentencing starting points for triad membership, assault and arson based on precedents; reduced each starting point by one‑third for timely guilty pleas; then applied bespoke further reductions or suspension where significant prosecutorial delay and individual mitigation justified it. As a result D2, D3 and D6 received non‑custodial suspended sentences (36 months) reflecting delay plus mitigation; D4 received immediate custody for arson and a partial consecutive term for the triad offence totalling 21 months and was ordered to pay HKD5000; D11 received an aggrega…
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法院根據既有上訴庭量刑參考，為各項控罪訂出量刑起點（三合會成員行事：15或9個月；襲擊致實際傷害：9個月；縱火：36個月；棄期出庭：3個月），然後因被告認罪給予三分之一扣減，並視案件調查與律政司處理造成的檢控延誤再作減刑或給予緩刑。結果採用總量刑原則確定最終刑罰及分期執行。
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Court identified baseline sentences for each offence (triad membership 15 or 9 months depending on role; assault causing actual bodily harm 9 months; arson 36 months; failure to surrender 3 months), applied a one‑third reduction for timely guilty pleas, and then further adjusted sentences to reflect proven prosecutorial delay and individual mitigation. For less culpable participants and where delay and rehabilitation justified it, custodial terms were suspended; for serious arson the custodial element was maintained with partial concurrent execution and a compensation order imposed.
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法庭根據各罪之既定量刑基準，並綜合考慮罪行性質、被告在犯罪中的角色、使用武器及傷勢、被告的認罪及個人背景，及案件存在多年檢控延誤等減刑因素，故對部分被告減低量刑基準並在若干個案下改為緩刑或下調刑期；縱火罪由於公共利益重大但案情非最嚴重類別，故採取36個月為基準再減至18個月，並就各被告分別確定並下達即時或緩刑及賠償命令。
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Assessment of damages for damage to a government crash cushion. The court allowed the repair and administrative costs in full, but limited interest because of lengthy delay.
The appeal was dismissed because hearing notices had been sent and were effectively served, the appellant was absent without justification or contact, the appeal lacked any arguable principled error or manifestly excessive sentence, and the case should not be further delayed.
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