親友誤傷他人,法官重判

1. No - in fact, the sentence is light based on the offense. Due to its violent nature, it is impossible for sentencing without imprisonment.

Since you did not include the case law, it is difficult to say if that case applies. However, it is almost certain in that case law, the motive was absent, which resulted an acquittal. Although she may not intentionally harm anyone, she did intentionally throw the cup. With that - she had the motive to commit a crime.

She was not forced to take the deal. In fact, the trial can continue. Without the detail, it is difficult to say what would be the possible outcome. But it is certain that she took the deal to avoid prison time.

2. No. In fact, the Government did her a favour.

Based on your information, an additional charge of Chapter 200 (Crimes Ordinance) Section 60 can be imposed because the cup was damaged. Section 60 can carry up to 10 years of imprisonment (although no judge will impose 10 years for a plastic cup).

The maximum sentence of Chapter 212 Section 17 is 3 years.

3. No. She took the deal to avoid prison time. So she waived her rights to challenge. She could consult a lawyer before taking this deal.

4. There is still 1 solution left - If there is any clear and convincing evidence suggesting that the court has abused its authority, she can request an order of mandamus from the High Court to force the Magistrate's Court for a new trial.

However - please consider the following before even thinking about this:

a. Historically (even in the U.K.), mandamus are rarely issued by court. The chance of success is less than 10%;

b. A barrister will be needed, which she may not be able to afford.

c. Even she succeeds, she is back facing the same prosecution again that she can end up in prison if convicted.

Bottom line - unless your aunt (or her lawyer, if there is one) is 100% in confidence that she should be not guilty or she has the gut to face the consequence once she loses, 160-hour community service order is the best outcome.

既然已經簽左張野話唔會上訴禁就真係無得上訴架啦..除非你證明到你簽果張野既時候係唔精神/當時無判斷能力.而你如果認為個官亂入罪你可以申請覆核要求由另一個法官再審多次單案,由第3方角度睇下到底係5係亂入罪同判得重5重.

法律觀點只有yes或no，控罪與判罪是兩回事，你有做到就是有罪，社服令是最輕判的。