Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Drug influence on culpability
  • 11 Apr 2013

    HKSAR v. CHAN CHUN TAT

    Citation
    HKSAR v. CHAN CHUN TAT
    Court
    Court of Appeal
    Case number
    CACC317/2012

    The Court held the trial judge gave insufficient weight to the unusual, non‑premeditated features (absence of prior violence, apparent emotional disturbance and drug use, and lack of pressing home of attacks) and to the limited probative value of victim forgiveness; consequently the appropriate starting point was 8 years (not 12), reduced by one third for the guilty plea to 5 years and 4 months, and the original sentence was quashed and substituted accordingly.