6 Apr 2001
HKSAR v. PUN GANGA CHANDRA AND OTHERS
- Citation
- HKSAR v. PUN GANGA CHANDRA AND OTHERS
- Court
- Court of Appeal
- Case number
- CACC309/1999
The Court held that the grievous harm rule and the secondary offender (joint enterprise) rule are not inconsistent with Basic Law Art.28 or Bill of Rights Art.5(1) because they are entrenched, objectively justifiable common law rules addressing foreseeable risk and culpability; and that the statutory mandatory sentence of life imprisonment for murder is not arbitrary where the class of offenders is clearly defined and statutory review mechanisms exist. The court therefore declined to strike down those rules or the mandatory sentence, but reserved and re-listed the appeal to hear further argum…