Read the full judgment text of CAAR 000004/1998 on BabelCite. This Court of Appeal judgment was delivered on 2 July 1998 before Power, Ag. C.J.H.C., Mayo, JA, Stuart-Moore, JA.
Criminal law – sentencing – review – burglary – possession of offensive weapon – manifest inadequacy – starting point – totality principle – guilty plea discount – Secretary for Justice v CHAN TSZ-LUNG – CAAR000004/1998 – Court of Appeal – Respondent pleaded guilty to 15 burglaries of schools, restaurants and a food shop over 8 months and one charge of possession of a machete – Trial judge imposed 16 months concurrent on each burglary and 6 months consecutive for weapon – total 22 months – Secretary for Justice applied for review – Court of Appeal found sentences manifestly inadequate – Correct starting point per Attorney General v LUI Kam-chi [1993] 1 HKC 215 is 2½ years per burglary – Consecutive sentences should have been imposed given separate offences over period – Applying totality principle, starting point for burglaries set at 5 years plus 9 months for weapon – One-third discount for guilty plea – Final total sentence of 46 months – Burglary sentences quashed and substituted – Application successful.
Legal issues: Review of sentence for burglary and possession of offensive weapon
Outcome: Application for review successful; original sentences for burglary quashed and substituted with increased sentences.
Cited by 18 cases · Cites 1 case