Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unsafe conviction assessment
  • 30 Jun 2006

    HKSAR v. WU YEE KI

    Citation
    HKSAR v. WU YEE KI
    Court
    Court of Appeal
    Case number
    CACC513/2005

    The Court held the judge's assessment that the applicant was a willing participant was a reasonable inference on the whole of the evidence (including demeanor, actions before and during the incident, and failure to assist authorities), so the conviction was safe; on sentence the Court held a three-year immediate custodial term was within range given the gravity of the offence, appropriate starting point guidance and limited mitigation from youth and post-offence conduct, and therefore the sentence was not manifestly excessive.