刑事案件中一個最基本嘅原則係,案例嘅適用性只係在於法律原則(legal principle)而非事實相似性(similarity of facts),因為每宗案件嘅事實都係必然有差別的,即係就算有兩單刑事案事實有80%相似都好,唔代表A案嘅判刑就可以apply到B案度
節錄HKSAR v Hui Sze Ping [2007]一案:
"The sentence passed by a different judge would be a matter taken into account by the sentencing judge in deciding in all the circumstances of a case what was the appropriate sentence.
If a right-thinking member of the public would consider the sentence with full knowledge of all the relevant facts and circumstances, on learning of the sentence, that something had gone wrong with the administration of justice, then clearly the sentence would not have been appropriate and it would be proper for a Court of Appeal to interfere with it."
"All the circumstances"嘅意思,即係判刑時必須完整考慮每一單案件嘅所有細節,不能只因為跟某宗案例事實有80%相似,就給予同樣判刑