18 Jun 1987
THE QUEEN v. AU CHAK KWAN
- Citation
- THE QUEEN v. AU CHAK KWAN
- Court
- Court of First Instance
- Case number
- HCMA285/1987
The court held that mixing immediate custodial sentences with suspended custodial sentences in the circumstances produced an excessive cumulative sentence; the suspended sentence for criminal damage should have been treated as concurrent with the immediate custodial sentence from 14 March 1986 and the magistrate lawfully had power to impose a fine together with imprisonment for the offence of assault occasioning actual bodily harm under ss.39 and 58 read with the proviso to s.92; applying the totality principle the aggregate sentence of 18 months was excessive and was reduced to 12 months.