香港特別行政區 訴 NGUYEN VAN QUANG

香港特別行政區 訴 NGUYEN VAN QUANG

The Court upheld the 33-month sentence because the established baseline of 30 months for non-residential burglary was properly applied and a 3-month uplift for the appellant's immigration status and the planned nature of the offence was justified; the sentence was not manifestly excessive and therefore should be...

Source-derived case information.

Citation
[2019] HKCA 1348
Parties
Respondent: Hong Kong Special Administrative Region; Appellant: NGUYEN VAN QUANG
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 December 2019
Case Number
CACC20/2019
Procedural Posture
Criminal Appeal (sentencing) / Appeal Against Sentence Heard by Court of Appeal; Judgment Delivered 12 December 2019
Outcome
Appeal against sentence dismissed
Legal Topics
Non Residential Burglary, Sentencing Guidelines, Aggravating Factors (immigration Status), Manifestly Excessive Test
Source Language
ch
Criminal Law Sentencing Appeals Burglary Non Residential Burglary Sentencing Guidelines Aggravating Factors (immigration Status) Manifestly Excessive Test

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Parties

Hong Kong Special Administrative Region

Respondent

NGUYEN VAN QUANG

Appellant

Procedural Posture

Criminal Appeal (sentencing) / Appeal Against Sentence Heard by Court of Appeal; Judgment Delivered 12 December 2019

  1. 1 Whether the 33-month sentence was manifestly excessive
  2. 2 Proper application of sentencing guideline for non-residential burglary (baseline 30 months)
  3. 3 Whether appellant's immigration/status justified an uplift in sentence

Ratio Decidendi

The Court upheld the 33-month sentence because the established baseline of 30 months for non-residential burglary was properly applied and a 3-month uplift for the appellant's immigration status and the planned nature of the offence was justified; the sentence was not manifestly excessive and therefore should be maintained.

Court Disposition

Appeal against sentence dismissed

Orders

  • Appeal against sentence dismissed; term of imprisonment of 33 months upheld
  • Application for leave to appeal conviction withdrawn