asking for the cases authority( 我华文烂,请版主原凉我)

Who_am_I_85

There is a case charged under section 384, extortion.

Punishment for extortion
384. Whoever commits extortion shall be punished with
imprisonment for a term which may extend to ten years or with
fine or with whipping or with any two of such punishments

Okt pledge guilty.
however, the learned judge has sentenced okt for 5 years imprisonment.
because there is no previous conviction and okt committed it 1st time.
so, now okt wants to appeal on the sentence.

i am not sure whether there are cases authority to ask the court for reducing the sentence.

本人还是学生,希望各位律师前辈能给我一点cases authority的提示.
因为instruction 硬硬要我帮okt reduce setence.  =  =

de_crystal

There is a case charged under section 384, extortion.

Punishment for extortion
384. Whoever com ...
Who_am_I_85 发表于 14-1-2010 01:25 PM

even if you can not find authority to support that, in criminal, you may use OKT's background, surrounding as factors to mitigate.  For example, it was his first time, his family backgrounds, he feels remorseful, he has how N children and he is only the source of income for his family, etc...

Who_am_I_85

回复 2# de_crystal


thx ya.  

i also think tat mitigation factor is only stronger point for OKT kia.

maybe i will also ask okt to cry at that moment