28 Sept 2018
SECRETARY FOR JUSTICE v. LEUNG HIU YEUNG
- Citation
- [2018] HKCFA 43
- Court
- Court of Final Appeal
- Case number
- FACC3/2018
The Court allowed the appeals: although the Court of Appeal was entitled to increase manifestly inadequate community service orders to custodial sentences under s81A, it erred by applying the new Wong Chi Fung (CA) sentencing guidelines retrospectively when fixing sentence lengths; section 109A is measured by age at date of sentence (but youth remains a powerful mitigating factor if the offender crossed 21 between offence and sentence); appropriate disposition was to set aside the CA custodial terms and substitute custodial sentences equivalent to time already served by each appellant.