Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Hong Kong decisions
Decisions matching the current search
The Court of Appeal refused to treat the applicant’s abandoned sentencing appeal as a nullity, holding she understood the consequences and would not have gained materially in any event.
The Court of Appeal refused leave to appeal against sentence for drug trafficking, finding the starting point, enhancements and guilty plea discount were appropriate.
Magistrate erred in treating the gross weight of mixed crystalline material as the weight of pure methamphetamine and failed to apply the Waqas principle. Considering the actual circumstances and precedents, a 7-month starting point was appropriate, uplifted by 2 months for recidivism and reduced by one-third for early plea, resulting in a 6-month custodial sentence.
Source excerpt
上訴人之認罪在庭上為自願且明確，裁判官已就自用情況作出確認；就量刑而言，罰款HK$1,000元對首次違法者已屬適當且不屬明顯過重；法院亦無權為達致不留案底而改判，因此上訴人關於定罪及判刑之上訴均應被駁回。
Source excerpt
Apply the established guideline of 32 months for trafficking 5.83g cocaine (within ≤10g band), add 2 months for failure to surrender, reduce total by 20% only because the guilty plea was not timely, order part of the sentence to run concurrently with the sentence already being served (28 months concurrent), resulting in an aggregate custodial term of 35 months; forfeit the surety paid by defendant and guarantor.
Source excerpt
The sentencing judge applied correct legal principles and sentencing benchmarks, properly weighed youth and rehabilitation against public interest and deterrence, and imposed a training‑centre order that was within permissible range and not manifestly excessive; therefore the appeal against sentence is dismissed.
Source excerpt
The Court of Appeal granted leave to appeal against a 14-year sentence for manufacturing and trafficking dangerous drugs, finding the overall sentence arguably too high.
The Court of Appeal refused leave to appeal against a drug-trafficking conviction, holding the jury directions were adequate and the grounds were not arguable.
The trial judge's direct observation of the handover, the proximity in time and place to the recovery of the packaged methamphetamine from the second defendant's pocket, and the rejection of the defendants' accounts as inherently implausible established guilt beyond reasonable doubt; the sentence reflected lawful exercise of discretion taking into account small quantity and personal mitigation and was not manifestly excessive.
Source excerpt
Court of Appeal refused leave to appeal against sentence, holding that a partly consecutive term for conspiracy to traffic dangerous drugs properly reflected overall culpability.
Explore more
