单词 | Totality principle |
释义 | 整體原則 The rule requiring the court which passes a series of sentences, each perfectly proper in its own right, to consider whether the aggregate which is achieved is just and appropriate: A-G v Cheung Kai Man, Dominic [1987] HKLR 788. The totality principle enables the court to mitigate what strict justice would otherwise indicate, where a total effect of the sentences merited by the individual crimes becomes so crushing as to call for the merciful intervention of the court by way of reducing the total effect: R v Chan Kam Chuen [1995] 2 HKCLR 257. Totality is only to be looked at after the correct sentence for each of the individual offences has been identified: HKSAR v Wong Kam Tat [2002] 2 HKC 677. The correct approach is first to determine the starting point for the individual offences; then the appropriate sentence after mitigation, if any, for the individual offences; and, only then, totality: HKSAR v Yeung Kwai Kuen [2002] 3 HKC 395. See also Proportionality; Sentence. |
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