Read the full judgment text of HCMA 000900/2008 on BabelCite. This High Court CFI judgment before 杜麗冰.
Criminal law – claiming to be a triad society member – Societies Ordinance (Cap 151) s.20(2) – sentencing appeal – whether 9-month custodial sentence manifestly excessive – verbal altercation on tour bus escalating to pushing and minor scuffle – appellant made self-identifying triad statements to intimidate victim – second offence of same nature – range of offending conduct from mere bravado to calculated extortion per Khan Umer – appropriate sentence 6 to 7 months imprisonment – sentence reduced from 9 months to 7 months – appellant immediately released having served over 4 months
Legal issues: Whether 9-month sentence for claiming to be a triad society member was manifestly excessive
Outcome: Sentence appeal allowed; original 9-month custodial sentence quashed and substituted with 7 months imprisonment; appellant immediately released from custody
Cited by 49 cases · Cites 2 cases