23 Aug 2018
香港特別行政區 訴 周毅瑱
- Citation
- [2018] HKCA 532
- Court
- Court of Appeal
- Case number
- CACC125/2017
儘管罪行極其嚴重且通常須判即時監禁，但鑑於上訴人在案發時為15歲、為初犯、適合教導所訓練且已服刑逾一年，法院認為將原判即時監禁撤銷並改判入教導所更能促進更生，且基於已服刑時間及教導所拘留期的合計仍足以達到懲罰及阻嚇目的，因此在此個案改判入教導所是適當的。
Hong Kong Case Law
Group assault
17 May 2006
HKSAR v. LAW WAI TUNG
- Citation
- HKSAR v. LAW WAI TUNG
- Court
- Court of First Instance
- Case number
- HCMA1182/2005
The court held that the learned Magistrate properly evaluated identification and credibility, the alleged procedural mistake was a typographical error not indicative of bias, and the 4-month immediate custodial sentence for an unprovoked group assault was appropriate and not manifestly excessive; accordingly both conviction and sentence were affirmed.
9 Jul 1998
HKSAR v. CHAN KIN MAN and Another
- Citation
- HKSAR v. CHAN KIN MAN and Another
- Court
- Court of Appeal
- Case number
- CACC203/1998
The Court held that the 2.5 year sentences were not excessive given the vicious group assault and grievous injuries; the appeals against sentence were dismissed and the court ordered that three months of time spent in custody by the applicants not count towards their sentences.