TNAG-1554-FCO40-2118-Hong-Kong-Control-of-Publications-Consolidation-Ordinance-19-1986 — Page 114

14

This

gravity of the offence, on the one hand, and the circumstances of the offender and the community's interest in his rehabilitation, on the other. balance can only be achieved by allowing our courts a discretion to do justice in each case and by making available to them a variety of sentencing

options.

Lawyers like myself coming to Hong Kong from other common law jurisdictions are sometimes struck by the fact that the level of sentences imposed for many offences is significantly higher than in other jurisdictions. This no doubt reflects the strength of community attitudes towards crime and the treatment of offenders. The practice of the Court of Appeal in laying down guidelines for appropriate sentencing does much to ensure that those levels are maintained. In the case of robbery, for example, there are suggested tariffs of between 4 and 7 years for no less than 5 different

kinds of robbery.

Sentencing courts in practice adhere closely to these guidelines. If a particular sentence is thought to be manifestly inadequate in the light of those guidelines or the norms of sentencing, the Attorney General may apply to the Court of Appeal for a review of sentence.

For this

This

I need the leave of the Chief Justice. procedure is used about twenty times each year and it allows the Court of Appeal further opportunities to pronounce upon appropriate levels of sentence.

/...15