Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Murder sentencing

Legal area

Court

2 Dec 2004

HKSAR v. CHAN WING YIN

Citation

HKSAR v. CHAN WING YIN
Court

Court of First Instance
Case number

HCMP2220/2004

Because the respondent committed the offence aged 15 but had demonstrated sustained institutional rehabilitation, genuine remorse, positive psychiatric and psychological prognoses and low risk of violent recidivism, the court exercised its power under s67C(4)(b) CPO to quash the indeterminate life sentence and substitute a fixed term; having assessed comparable authorities the appropriate term was 30 years with a 3-year discount for conduct in custody, resulting in a determinate sentence of 27 years imprisonment.
25 Jul 1997

HKSAR v. CHENG YAT MING

Citation

HKSAR v. CHENG YAT MING
Court

Court of Appeal
Case number

CACC592/1996

Given the applicant was 17 at the time of the offence, there was little premeditation, no weapon was brought, the incident was brief, and he had a clear record and no psychiatric disorder indicating future danger, the court exercised its power under Ordinance 86/97 (as applied pursuant to R v Lam Ka Yiu and supported by Article 12 of the Bill of Rights) to grant leave out of time, quash the life sentence and substitute a determinate sentence of 28 years' imprisonment.