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Hong Kong decisions
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The Court of Appeal granted leave to appeal only on a narrow fair-trial complaint about the judge’s request to inspect the applicant’s phone, and refused the rest.
The Court concluded that, notwithstanding the seriousness of the offences, the 58‑month total sentence (after a one‑quarter guilty plea discount) was manifestly excessive for the three residential burglary offences and granted leave to appeal limited to that ground (that the 58‑month total sentence after discount was manifestly excessive).
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Leave to appeal against a 38-month burglary sentence was refused. The court held the judge applied the right tariffs, aggravating factors and totality principle.
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.
Source excerpt
Given the exceptional factual matrix (appellant a 20‑year‑old bus enthusiast removing low‑value bus route plates from public bus terminus offices, no prior record, full cooperation and genuine prospects of rehabilitation), the court held the standard 30‑month non‑residential burglary benchmark was not appropriate; it set an 18‑month starting point per count, applied a one‑third guilty plea reduction to 12 months per count and ordered the three counts to run concurrently, reducing the aggregate sentence from 24 months to 12 months imprisonment.
Source excerpt
Leave to appeal was refused in a burglary case where the Court of Appeal upheld a conviction based on clear CCTV identification and also upheld the sentences.
The Court of Appeal refused leave to appeal against a 26-month sentence for theft and burglary, finding technical error on bail did not make the sentence excessive.
The Court of Appeal refused leave to appeal against a 33-month sentence for burglary, holding that the judge properly treated the applicant’s record as aggravating.
The Court of Appeal refused leave to appeal against conviction and sentence for burglary, holding that identification and CCTV evidence were overwhelming.
The Court of Appeal refused leave to appeal against a 39-month sentence for domestic burglary, holding there was no arguable sentencing error.
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