Read the full judgment text of CAAR 000012/2007 on BabelCite. This Court of Appeal judgment was delivered on 26 March 2008 before Ma CJHC, Stuart-Moore VP, Stock JA.
Criminal law – wounding with intent – section 17(a) of the Offences Against the Person Ordinance (Cap. 212) – review of sentence under section 81A of the Criminal Procedure Ordinance (Cap. 221) – armed knife attack on defenceless victim at night – multiple stabbing attempts causing abdominal and groin wounds – whether starting point of 27 months manifestly inadequate – whether additional discounts for cooperation and offer of compensation appropriate – sentencing range for s.17(a) offences described as 3 to 12 years' imprisonment in HKSAR v Tse Hok-lam – distinction of authorities relied on by respondent (R v Tsui Mei-ying and HKSAR v Yuen Wai-kui) on grounds of unusual mitigating features – village dispute over banquet invitation cards as background motive – revenge attack out of all proportion to perceived grievance – victim recovered without long-term ill effects – respondent's prior convictions – sentence of 14 months quashed – starting point revised to 5 years – reduced to 3 years and 4 months for guilty plea – further 6 months reduction for earliest release date of 4 April 2008 – substituted sentence of 2 years and 10 months' imprisonment imposed – application allowed.
Legal issues: Adequacy of starting point for wounding with intent contrary to s.17(a) Cap. 212 · Propriety of additional discounts for cooperation and offer of compensation
Outcome: Application for review allowed. The sentence of 14 months' imprisonment imposed in the court below was quashed and, in substitution, a sentence of 2 years and 10 months' imprisonment was imposed.
Cited by 20 cases · Cites 1 case