Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unduly lenient sentence
  • 2 May 2012

    SECRETARY FOR JUSTICE v. RASHID MAHMOOD

    Citation
    SECRETARY FOR JUSTICE v. RASHID MAHMOOD
    Court
    Court of Appeal
    Case number
    CAAR4/2011

    The judge failed to give sufficient regard to the gravity and aggravating features of the respondent's violent attempted rape of a stranger at 4 a.m.; the appropriate starting point for the offence was 7 years imprisonment, a six month discount was applied because this was a sentence review, and the sentence was increased from 4 to 6 years imprisonment because 4 years fell outside the reasonable range.

  • 3 Nov 2009

    SECRETARY FOR JUSTICE v. LEE CHUN-HO, JEEF

    Citation
    SECRETARY FOR JUSTICE v. LEE CHUN-HO, JEEF
    Court
    Court of Appeal
    Case number
    CAAR9/2008

    The Court held the original total of 42 months was manifestly inadequate for robbery with an imitation firearm. It affirmed a higher starting point for such robbery (10 years) and a separate starting point for the offence of using an imitation firearm (6 years), rejected an extra 6‑month discount on top of the one‑third plea reduction, and held that part of the sentence for the imitation firearm offence should run consecutively to the robbery sentence to reflect its distinct and outrageous nature; accordingly the Court quashed the original sentence and substituted new terms.