12 May 2014
SECRETARY FOR JUSTICE v. LEUNG YUET HUNG
- Citation
- SECRETARY FOR JUSTICE v. LEUNG YUET HUNG
- Court
- Court of Appeal
- Case number
- CAAR1/2014
The judge below erred by failing to identify a proper starting point and by under‑weighting multiple significant aggravating factors (young victim, deception to gain entry, planning, weapon/weapon‑like threat, sustained violence and unprotected ejaculation) and by over‑valuing the passage of time and desistance; had proper principles been applied the appropriate sentence after trial was 8 years; allowing for double jeopardy the Court substituted a sentence of 7 years 6 months imprisonment and granted the review.