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Hong Kong Case Law

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Criminal law [2020] HKCA 1012

HKSAR v. TAM PING WO ANGUS

Leave to appeal against sentence was refused. The Court held that the judge’s starting points for attempted robbery and theft were not manifestly excessive.

  • Attempted robbery
  • Theft
  • Binding-over order breach
  • Sentencing guidelines
  • Plea discount
  • Intoxication/addiction mitigation
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Criminal law HKSAR v. ANDRIANIAINA ADRIEN LUCK YU PAU

HKSAR v. ANDRIANIAINA ADRIEN LUCK YU PAU

The Court of Appeal reduced sentence after finding the trial judge’s starting points for taking a conveyance and insurance offences were too high, while upholding the robbery starting point.

  • Robbery
  • Dangerous driving
  • Taking conveyance without authority
  • Motor vehicle third party insurance
  • Dangerous weapon
  • Totality principle
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Criminal law HKSAR v. YANG XINGYUN

HKSAR v. YANG XINGYUN

The Court of Appeal dismissed a sentence appeal in a severe hotel-room robbery and credit-card fraud case, holding that the 9 years 8 months total sentence was not manifestly excessive.

  • Robbery
  • Aggravating factors in sentencing
  • Hotel room as private premises
  • Credit card fraud
  • Use of stupefying drug
  • Concurrent and consecutive sentences
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Criminal law HKSAR v. ANDRIANIAINA ADRIEN LUCK YU PAU

HKSAR v. ANDRIANIAINA ADRIEN LUCK YU PAU

The Court of Appeal granted leave to appeal against sentence, finding it arguable that the robbery starting point and the consecutive sentence structure were excessive.

  • Sentencing starting point
  • Concurrency and totality
  • Robbery with improvised weapon (screwdriver)
  • Dangerous driving
  • Leave to appeal
  • Sentencing
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Criminal law HKSAR v. CHAN CHI KEUNG

HKSAR v. CHAN CHI KEUNG

The Court of Appeal dismissed leave to appeal against a robbery conviction, holding the evidence supported theft and reliable identification of the applicant.

  • Robbery
  • Mistaken identity
  • Witness credibility
  • Appeal against conviction
  • Evaluation of defence
  • Mistaken-identity
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Criminal law HKSAR v. LEE MING YIN

HKSAR v. LEE MING YIN

Court of Appeal held the aggregate sentence was manifestly excessive and ordered part of the later sentence to run concurrently, reducing total imprisonment to 13 years 8 months.

  • Totality principle
  • Concurrent and consecutive sentences
  • Attempted robbery
  • Drug trafficking
  • Manifestly excessive sentence
  • Sentencing
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Criminal law HKSAR v. YIP WAI LEUNG

HKSAR v. YIP WAI LEUNG

Court of Appeal dismissed an appeal against a 3 years 8 months sentence for attempted robbery, holding the starting point and plea discount were proper.

  • Attempted robbery
  • Sentencing principles
  • Previous convictions
  • Sentence disparity
  • Sentencing-appeal
  • Attempted-robbery
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Criminal law HKSAR v. MANG WAI

HKSAR v. MANG WAI

The Court of Appeal refused leave to appeal against an eight-year sentence for attempted bank robbery involving a hoax bomb, holding it was not manifestly excessive.

  • Attempted robbery
  • Hoax bomb
  • Bank robbery
  • Sentencing guidelines
  • Plea discount
  • Attempted-robbery
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Homicide HKSAR v. CHAU KWOK ON

HKSAR v. CHAU KWOK ON

The Court of Appeal dismissed Chau Kwok-on’s challenge to his murder conviction, holding the provocation, lies, and good character complaints failed.

  • Provocation
  • Self-defence
  • Admissibility of recorded interviews
  • Good character directions
  • Lies evidence
  • Joint enterprise
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Criminal law HKSAR v. LAU HEI CHOI

HKSAR v. LAU HEI CHOI

The Court of Appeal dismissed a criminal appeal against conviction for handling stolen gold and upheld the 32-month sentence, finding the circumstantial evidence compelling.

  • Doctrine of recent possession
  • Burden of proof
  • Circumstantial evidence and inferences
  • Admissibility of confessions
  • Sentencing principles (winterflood/tang yeung)
  • Handling-stolen-goods
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.