28 Sept 2018
SECRETARY FOR JUSTICE v. CHU WAI CHUNG
- Citation
- [2018] HKCFA 43
- Court
- Court of Final Appeal
- Case number
- FACC6/2018
The Court allowed the appeals because although the Court of Appeal was entitled to substitute custodial sentences (the magistrate had erred and imposed manifestly inadequate community service orders), the Court of Appeal wrongly relied on and effectively applied post-Wong Chi Fung sentencing guidelines retrospectively when fixing sentence lengths and failed to record consideration of s109A youth protections; accordingly the Court set aside the Court of Appeal\'s imprisonment terms and substituted sentences corresponding to time already served by each appellant.