14 Nov 2014
HKSAR v. LEUNG TING FUNG AND ANOTHER
- Citation
- HKSAR v. LEUNG TING FUNG AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACC109/2014
A sentencing judge must treat offences committed on bail as an aggravating factor reflected by increasing the starting point for sentence, but such offending does not automatically justify ordering sentences to be served consecutively to existing sentences; the judge must step back, take a global view of totality and explain the reasons for any consecutive order. Where a judge failed to do so and failed to treat offending-on-bail as aggravating, the court will quash the sentences and resentence applying these principles.