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Sentence Review | The Court of Appeal explained the reasons for the revised sentence in 3 cases and emphasized that the light sentence would only be counterproductive

2021-02-10T12:07:08.884Z


In the past year, the Attorney General's Court has filed a sentence review on a number of cases of excessive anti-amendment legislation. The Court of Appeal today (on the 9th) involved three crimes involving assault on police, attempted arson and possession of offensive weapons. All cases of increased punishment


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Written by: Lu Leqian, Li Huina, Zhu Dixin

2021-02-10 19:58

The last update date: 2021-02-10 19:58

In the past year, the Attorney General's Court has filed a sentence review on a number of cases of excessive anti-amendment legislation. The Court of Appeal today (on the 9th) involved three crimes involving assault on police, attempted arson and possession of offensive weapons. The reasons for the verdict were issued for all the cases where the sentence was increased, and the issues that the original judges did not consider in each case were pointed out one by one.

The Court of Appeal also pointed out that the magistrate's light sentence on some young defendants is ostensibly beneficial to them, but these young people have to suffer anxiety during the review process, which instead brings them disappointment and disrupts their rehabilitation plan. The consequences are counterproductive.

Case 1: Hammer attacked the Flying Tigers police officer and commuted to a rehabilitation center

On October 7, 2019, a 16-year-old boy attacked Police Officer X of Flying Tigers with a hammer at the junction of San Hui Section of Castle Peak Road in Tuen Mun, causing X to bruise.

The boy was only 15 years old at the time of the incident. He pleaded guilty to assaulting a police officer and was sentenced to probation for one year. He was earlier commuted to a rehabilitation center by the Court of Appeal.

Probation cannot be effective without remorse

The judge of the Court of Appeal, Pan Minqi, pointed out in his judgment that the trial magistrate Ye Qiliang believed that boys were simple in character and could be given a chance.

According to Pan Guan, although the court will try to give young offenders a chance to rehabilitate and give a light sentence, if the circumstances of the case committed by the defendant are serious, the court will need to heavier the sentence in order to emulate the public interest. At a young age, the proportion of this point will be extremely limited.

Guan Pan also stated that the report alleged that the boys turned a deaf ear to the mother's advice, and that they had no remorse. He believed that the probation order would not be effective at all, so the defendant was sentenced to a rehabilitation center.

Case 2: A 15-year-old boy was sent to the police dormitory to switch gasoline bombs to the training center

A 15-year-old boy suffering from Astrovirus disease was convicted of arson in the Chai Wan married police dormitory while police officers were besieging PolyU. After pleading guilty to arson in the Magistrates’ Court, he was sentenced to a probation order for 3 years and was previously sentenced to the Court of Appeal Commend him to the training center.

The defendant committed a crime with 2 people and had premeditated

The Chief Justice of the High Court, Pan Zhaochu, stated in his sentence that the trial magistrate, He Chunyao, knew that two other persons were involved in the same case. This shows that the juvenile had actually committed a crime with the other two, and had premeditated and escaped, but the facts were ignored when sentencing. , There are shortcomings properly.

In addition, the location of the crime was the police dormitory, and He Guan did not point out its importance.

No regrets, just don't want to be detained

When the juvenile case occurred, he had a dispute with his father due to political opinions. The teacher also noticed that the juvenile had become extreme. He believed that the case was undoubtedly related to the social conflict at that time, and randomly attacked police officers and their families, involving public order and safety. Its severity cannot be underestimated.

The case also involved the juvenile following the instructions of others to throw petrol bombs. The juvenile’s regret was extremely limited and superficial. He questioned him only to obtain a light sentence. He only emphasized that he was being coerced, but he did not say anything about the opportunity to endanger the safety of the residents. Any apologies, just don't want to be detained.

Pan Guan believes that the training center is more appropriate based on the severity of the case and the guilt of the juvenile.

The Department of Justice has repeatedly raised sentences for review in cases related to the Anti-Regulation Movement.

(See the picture below for details)

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Case 3: Tibetan Cement and Railroad Transformation into Prisoners for 3 Months

The 21-year-old man Situ Hoshen, the Magistrates’ Court admitted that on November 5, 2019, he had in possession of two cemented railroads outside the Sha Tin Town Hall.

He was sentenced to 10 days in prison, but was changed to 3 months in prison by the Court of Appeal.

The trial officer once expressed concern about the prosecution's choice of charge

The Court of Appeal specifically mentioned in the judgment that the trial magistrate Wen Shaoming had insisted on the Attorney General’s insistence on using the "Public Security Ordinance" instead of the "Summary Offences Ordinance" during the hearing, leaving the court lack of sentencing options. The defendant was sentenced to detention without choice, and the defendant was finally sentenced to 10 days in prison, and the defendant had already served his sentence.

The Court of Appeal stated that Wen Guan's concern about the attorney general's choice of charges is understandable and necessary in certain circumstances.

However, the Department of Justice’s prosecution work should be free from any interference. Even if the magistrate has opinions, he should communicate with both the prosecution and the defense before hearing the defense. The Wenguan only raised concerns when he interceded, which inevitably gives the impression that his sentence has been affected by him. Dissatisfied with the influence of the Department of Justice's prosecution options.

Cement can cause serious casualties

The Court of Appeal continued that the weapon involved in the case was a cement-filled Tietong. Cement made the Tietong stronger. Improper use could cause serious casualties. He disagreed with the Wenguan's claim that the danger was not great.

Given the social environment and climate at the time, the sentence needed to be punitive and deterrent, but the Wenguan sentenced the defendant lightly. This would send a wrong message to the society and make people think that even if a serious crime is committed, there is no suitable and strong reason for pleading. , Young people will still get a light sentence from the court, so they think that Wenguan's sentence is not appropriate.

Case Number: CAAR 10, 12, 15/2020

The fresh DSE candidate admits to assaulting the police, probation, and the Court of Appeal said that it is too light to be sentenced to boys and Chinese New Year

Juvenile sent petrol bomb to police quarters to amend the sentence and the training officer said that a longer sentence might make the defendant aware

Toy designer hiding switchblade, hammer, lighter, etc. involved in a variety of contraband, changed from social service to prisoner in February

01News

Sentence review for fugitive offenders Ordinance related hearing

Source: hk1

All news articles on 2021-02-10

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