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Hong Kong decisions
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The Court of Appeal refused out-of-time leave to appeal sentence for two drug-trafficking appellants, holding they were not “in the system” for revised guidelines.
The trial judge correctly assessed credibility and mitigation, concluded remorse was not sufficiently demonstrated beyond what is reflected in guilty-plea credit, and reasonably selected a 4-year baseline for HK$3,000,000 with cross-border aggravation; applying one-third credit and a 20% prosecution uplift to 38 months was within proper sentencing discretion, so leave to appeal against sentence was refused.
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The Court of Appeal considered consecutive disqualification periods and sentencing in two road traffic appeals, dismissing Chow’s appeal and allowing Fung’s appeal in part.
The Court of Appeal refused an out-of-time application to appeal sentence for cocaine trafficking, finding no cogent reason for delay and no significant sentencing difference.
The appeal is dismissed because on full re-examination of the evidence the Court is satisfied beyond reasonable doubt the prosecution proved the offence: CCTV was inconclusive and did not displace the complainant’s stable account of being rubbed for about 30 seconds by an erect penis; the trial judge lawfully and reasonably assessed credibility and reliability; remand for psychiatric reports was within judicial discretion and for legitimate sentencing purposes; the custodial sentence of 2 months and activation of the prior 2-month suspended term were proportionate given the offence and prior…
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The Court of Appeal refused leave to appeal against conviction, but granted leave to appeal against sentence out of time in a cocaine trafficking case.
The Court of Appeal granted leave to appeal out of time and reduced a drug-trafficking sentence, applying revised sentencing guidelines and a 25% plea discount.
Court of Appeal refused leave on conviction but allowed sentence appeal, reducing a drug-trafficking sentence to 23 years after applying revised guidelines.
The Court of Appeal refused an out-of-time leave application against a 10-year drug-trafficking sentence, holding the judge properly applied the sentencing guidelines and relevant mitigation.
Leave to appeal against a 30-month theft sentence was refused. The Court held the sentencing value was the property’s market value, not the offender’s personal benefit.
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