Hong Kong Case Law

香港特別行政區 訴 H.Z.

Court

Court of Appeal

Case number

CACC10/2023

Bail was refused because the applicant failed to show any real prospect of success on appeal or special circumstances warranting release: the sworn statements of trial counsel established that the applicant was advised about amended charges and likely sentence, the applicant confirmed the factual basis (including the 100+ count figure) without objection, and the trial judge's totality assessment (seven years with partial concurrency) was not manifestly excessive or plainly wrong.

Source excerpt

• Guilty plea
• Sentencing totality and concurrency
• Change of charges
• Disclosure of plea advice
• Out-of-time appeal
• Legal aid refusal

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香港特別行政區 訴 H.J.D.

Court

Court of Appeal

Case number

CACC282/2018

The court held that the guilty pleas were voluntary and unsupported by any arguable basis for withdrawal; the jury verdict was safe because the trial judge's directions were comprehensive, correct and fair; and the aggregate sentence of 14.5 years was appropriate and not manifestly excessive, therefore leave to appeal and the appeals fail.

Source excerpt

• Rape
• Indecent assault
• Offences against a child under 16
• Sentencing
• Jury directions

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HKSAR v. FARINAS, BRIGILDA DE SIXTO

Court

Court of First Instance

Case number

HCMA69/2007

Appeal against conviction and 2-year sentence for wilfully ill-treating a 5-month-old child dismissed; the magistrate was entitled to reject the appellant’s explanation.

• Wilful ill-treatment
• Offences against the person ordinance s27(1)
• Evidence
• Appeal against sentence
• Criminal-appeal
• Child-abuse

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Attorney General v. Chan Wai Chung

Court

Court of Appeal

Case number

CAAR9/1996

The Court of Appeal allowed the Attorney General’s review and increased the respondent’s sentence for unlawful wounding of a baby from 10 months to 15 months.

• Unlawful wounding
• Appeal against sentence
• Guilty plea discount
• Starting point in sentencing
• Aggravation by prolonged infant abuse
• Sentencing

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