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  • 作      者: I Grenville Cross SBS, SC, Patrick WS Cheung
  • 出版时间: 2015-00-00
  • 语      言: 英文
  • 价      格: 2500HKD
内容简介
The seventh edition of Sentencing in Hong Kong is an essential work of reference. Recent developments in the law, practice and procedure of sentencing are incorporated, and issues are considered in a practical way. The impact of new legislation is explained, and the latest sentencing guidelines and tariff judgments are included. The factors which aggravate and mitigate sentence have been expanded, and the text as a whole has been modernised. The Appendix contains the cases on quantum of sentence, and it has been expertly expanded for the reference of courts and counsel. The effect on sentencing of appellate judgments is examined, and the text throughout is both analytical and practical. Whilst the focus is on local case law, jurisprudence from elsewhere is referenced where this assists an appreciation of the point in issue.

"In the Foreword to the Sixth Edition, Patrick Chan, formerly a Permanent Judge of the Court of Final Appeal, said: 'To indulge in making comparison with other cases but to overlook the fundamental sentencing principles would be missing the whole object of sentencing'. I agree fully with those words. When I first joined the Court of Appeal and began dealing with criminal cases after a gap of over 20 years and having to look closely at sentences (in some cases fixing sentencing tariffs), this textbook provided invaluable guidance to me. Like many judges and practitioners, I am grateful to the authors for producing this excellent work." - Foreword to the seventh edition by Geoffrey Ma, Chief Justice, Court of Final Appeal

Chapter 1...Aggravating Factors

Chapter 2...Antecedent Statements and Background Reports

Chapter 3...Appeal against Sentence

Chapter 4...Assistance to Authorities

Chapter 5...Binding Over Orders

Chapter 6...Classical Principles of Sentencing

Chapter 7...Clear Record

Chapter 8...Community Service Order

Chapter 9...Compensation Order

Chapter 10...Concurrent and Consecutive Sentencing

Chapter 11...Confiscation Orders

Chapter 12...Costs in Criminal Cases

Chapter 13...Criminal Bankruptcy Order

Chapter 14...Criminal Record

Chapter 15...Defender and Sentence

Chapter 16...Detention Centre

Chapter 17...Discharge Orders

Chapter 18...Disparity of Sentence

Chapter 19...Disqualification from Driving

Chapter 20...Drug Addiction Treatment Centre

Chapter 21...Factual Basis for Sentence

Chapter 22...Fine

Chapter 23...Forfeiture

Chapter 24...Generalised Sentencing

Chapter 25...Guidelines

Chapter 26...Guilty and Not Guilty Pleas

Chapter 27...Hospital Order

Chapter 28...Length of Sentence

Chapter 29...Life Imprisonment

Chapter 30...Mitigating Factors

Chapter 31...Plea Bargaining

Chapter 32...Postponement of Sentence

Chapter 33 ...Prevalence of Offence

Chapter 34...Probation Order

Chapter 35...Prosecutor and Sentence

Chapter 36...Reasons for Sentence

Chapter 37...Reformatory School

Chapter 38...Remission of Sentence

Chapter 39...Restitution Orders

Chapter 40...Retrial Sentencing

Chapter 41...Review of Sentence

Chapter 42...Sentencing Jurisdiction

Chapter 43...Solitary Confinement

Chapter 44...Spent Conviction

Chapter 45...Suspension of Sentence

Chapter 46...Taking Offences Into Consideration

Chapter 47...Totality Principle

Chapter 48...Training Centre

Chapter 49...Victim of Crime

Chapter 50...Young Offender

Appendix



I Grenville Cross SBS, SC


I Grenville Cross SBS, SC is the Vice Chairman of the Senate of the International Association of Prosecutors, and chairs the Association's Standing Committee on Prosecutors in Difficulty. A career prosecutor, he has specialised in the criminal law of Hong Kong since 1978. Mr Cross was called to the Bar by the Middle Temple, and was appointed Queen's Counsel in 1990, becoming Senior Counsel in 1997. He is Honorary Professor of Law, University of Hong Kong, Visiting Professor of Law, Chinese University of Hong Kong, and Adjunct Professor of Law, China University of Political Science and Law, Beijing. Mr Cross is the Sentencing Editor of Hong Kong Cases and of Archbold Hong Kong. In 2010, he was awarded the Certificate of Merit of the International Association of Prosecutors, for services to international prosecutions.

Patrick WS Cheung


Patrick WS Cheung is a barrister-at-law, with a wide experience of public prosecutions in the Department of Justice. He served as Head of the Vulnerable Witness Team, Chairman of the Standing Committee on Disclosure, and Prosecution Policy Co-ordinator on Policy and Research (Crime). Mr Cheung sat on the Criminal Procedure Rules Committee, and the Working Group on Combating Violence. He is the author of Sentencing Policy, and has contributed to Halsbury's Laws of Hong Kong and The Annotated Ordinances of Hong Kong. Mr Cheung has served as Associate Editor of Hong Kong Cases, Contributing Editor of Archbold Hong Kong and Consultant Editor of Hong Kong Law Reports and Digest. In 2010, he was awarded the Meritorious Service Certificate, for services to government.


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