ABSTRACT
Sentencing is one of the most important aspects of the criminal process. The sentencing judge must take into consideration a multitude of factors including the interests of the offender, the victim, and society in arriving at a balanced and appropriate sentence. Errors made in the sentencing process can result in the excessive detention of an individual, the premature release of a dangerous offender, aggrieved victims who feel justice has not been done, and other issues. Sentencing can also be highly political, with governments using sentencing reform as a way to curry favour with voters attracted to ‘get tough on crime’ policies. In Hong Kong, however, with its developing state of democracy, the politicization of sentencing has not been seen, and indeed one might criticize the legislature for giving insufficient attention to the topic generally.
