28 Sept 2018
SECRETARY FOR JUSTICE v. LEUNG WING LAI
- Citation
- [2018] HKCFA 43
- Court
- Court of Final Appeal
- Case number
- FACC5/2018
The Court held the Court of Appeal was entitled to increase the magistrate's community service orders because the magistrate had erred in principle and imposed manifestly inadequate sentences, but the Court of Appeal erred by applying the new Wong Chi Fung (CA) guidelines retrospectively when fixing the length of imprisonment; section 109A is to be measured by reference to the date of sentence (but youth shortly before sentence remains a powerful mitigating factor); accordingly the CA prison sentences were set aside and substituted with custodial sentences corresponding to time already served…