Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Detention centre suitability

Legal area

Court

4 Apr 1991

THE QUEEN v. TSANG SAI MAN

Citation

THE QUEEN v. TSANG SAI MAN
Court

Court of First Instance
Case number

HCMA1709/1990

The appeal was dismissed because the magistrate, guided by pre-sentence reports, properly concluded the appellant was unsuitable for probation or a Detention Centre but suitable for a Training Centre; differences in treatment of co-offenders were justified by their guilty pleas and clear records, and there was no basis for interference with the sentencing discretion exercised.
12 Jan 1988

THE QUEEN v. LEE PUN-CHUNG

Citation

THE QUEEN v. LEE PUN-CHUNG
Court

Court of Appeal
Case number

CACC541/1987

Given the seriousness and circumstances of the robberies, the applicant's prior detention and limited mitigation, a five year concurrent sentence on the two robberies and the assault with intent to rob (with one year concurrent for the offensive weapon charge) was not excessive on a plea of guilty and the judge rightly ordered concurrency and commencement from the date of sentence.
5 Feb 1980

LAM LIN-SUM v. THE QUEEN

Citation

LAM LIN-SUM v. THE QUEEN
Court

Court of Appeal
Case number

CACC811/1979

Although the offence was serious (armed raid and theft of about $58,000), the appellant's youth and personal circumstances warranted mitigation; detention centre treatment was inappropriate given the offence seriousness, but the four year sentence was excessive for this appellant and should be reduced to two and a half years' imprisonment.