Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Guideline tariff for sentencing
  • 16 Dec 2004

    SECRETARY FOR JUSTICE v. TSANG HON YIN, ANTHONY

    Citation
    SECRETARY FOR JUSTICE v. TSANG HON YIN, ANTHONY
    Court
    Court of Appeal
    Case number
    CAAR5/2004

    The Court of Appeal held that the District Court judge's significant departure below the recognised guideline for burglary was unjustified because the circumstances were not wholly exceptional; however, because related burglaries were sentenced concurrently by another judge (Judge Poon) producing an effective overall sentence that addressed culpability, the Court declined to alter the sentence under section 81B of the Criminal Procedure Ordinance and refused the applicant's review.