Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Victim forgiveness

  • 11 Apr 2013

    HKSAR v. CHAN CHUN TAT

    Citation
    HKSAR v. CHAN CHUN TAT
    Court
    Court of Appeal
    Case number
    CACC317/2012

    The Court held the trial judge gave insufficient weight to the unusual, non‑premeditated features (absence of prior violence, apparent emotional disturbance and drug use, and lack of pressing home of attacks) and to the limited probative value of victim forgiveness; consequently the appropriate starting point was 8 years (not 12), reduced by one third for the guilty plea to 5 years and 4 months, and the original sentence was quashed and substituted accordingly.

  • 13 Mar 2009

    HKSAR v. CHIK WAI WAN STEPHEN

    Citation
    HKSAR v. CHIK WAI WAN STEPHEN
    Court
    Court of Appeal
    Case number
    CACC254/2008

    The Court held the victim's forgiveness, obtained after solicitation, was of little or no weight and not admissible as fresh evidence in the interests of justice under s.83V; the facts did not amount to a breach of trust though the offence was very serious given the US$2 million loss and the appellant's conduct; the appropriate starting point was 7 years, reduced by one‑third for the guilty plea and a further 3 months credit for custody pending extradition, resulting in a substituted sentence of 4 years 9 months imprisonment.

  • 21 Oct 1987

    THE QUEEN v. TSUI MEI YING

    Citation
    THE QUEEN v. TSUI MEI YING
    Court
    Court of Appeal
    Case number
    CACC409/1987

    Although serious deliberate bodily injury normally requires a substantial custodial sentence, where there is genuine severe psychiatric disorder precipitated by prolonged matrimonial misconduct, remorse and significant family impact the sentence may be reduced; on these facts a 4-year term was excessive and was reduced to 2 years.