The subject case is under Appeal against the sentence of the Magistrate. 7 I) W' K( }# g6 \1 Z. Yos.tvboxnow.comI would like to point out that the decision of the Magistrate cannot be and no way be constituted as a precedent in the sentencing of the identical offence save and except the decision was passed by the higher Court, the High Court, the Court of Appeal and the Final Court of Appeal. / l: [2 J7 _: U; t' c I* o9 _公仔箱論壇If the decision, only if, of the High Court, which is unlikely, comes out as follows :os.tvboxnow.com, p+ v, H% ?" ^$ ^7 k
"Assault on Police Officer is a felony and must be punished in jail time in order to protect the police officers in doing their duty and the jail time should not be less than X months" [according to what have aforesaid one can imagine that whenever any person in the Demonstration was convicted to the charge of Assault on Police officer, that person would go to jail straight away for at least X months because the decision of the High Court is a precedent to the Court below including the District Court].os.tvboxnow.com( W2 v- d) _: p: F+ P
However, the judgment went on, "however, according to the facts and circumstances of the current case which is a special case and should not be taken as a precedent, the assault was only caused involuntary and the accused was a patient who requires medical treatment in lieu of punishing.1 M! U: c; H6 ^5 e1 }
Hence, the decision of the Magistrate is upheld and the Attorney would pay the Court fee and the Solicitors charges of the accused for the Appeal".tvb now,tvbnow,bttvb; l2 C7 u9 q8 n$ H" H$ _
Would anybody imagine how the assumed judgment affects the cases hereafter occurred.作者: wendywoo 時間: 2010-8-11 01:54 AM
