17 Nov 1983
THE QUEEN v. TAMANG NIMA
- Citation
- THE QUEEN v. TAMANG NIMA
- Court
- Court of Appeal
- Case number
- CAAR7/1983
The Court held that the statutory and proper test on review is whether the sentence is manifestly inadequate or manifestly excessive (not a 'sense of shock or outrage'); the Court of Appeal is generally bound by its prior decisions; the Attorney General has a right to be heard within limits and may not adduce new evidence to increase sentence; a suspended sentence cannot validly be imposed where immediate imprisonment would not be appropriate; sentences were varied to three months imprisonment (Lau Chiu-Tak) and two years imprisonment (Tamang Nima).