Hong Kong Case Law: Decisions & Judgments

Topic

Absconding while on bail

Legal area

Court

15 Apr 2019

香港特別行政區訴黃志豐

Citation

[2019] HKCFI 973
Court

Court of First Instance
Case number

HCMA592/2018

The magistrate validly exercised sentencing discretion: three like offences were ordered concurrent and a dissimilar offence ordered consecutive; because the offences in this case were different from those in the earlier absconding case and were committed during a period of bail forfeiture/absconding, ordering the sentences to run (in part) consecutively to the prior 7‑month term did not breach the totality principle and was not manifestly excessive; appeal dismissed.
3 Apr 2006

HKSAR v. KWOK SHIU TO, WILLIAM

Citation

HKSAR v. KWOK SHIU TO, WILLIAM
Court

Court of Appeal
Case number

CACC474/2005

The court held the judge's approach to allocate individual sentences then consider totality was lawful and not inherently flawed, but the totality imposed (30 months) was excessive in all the circumstances; the guilty plea discount should have been reduced for absconding and, applying Trevor Clark bands and accounting for partial restitution, an overall totality of 20 months imprisonment was appropriate; orders were made to alter concurrency so the effective total sentence became 20 months.
6 Oct 2005

HKSAR v. IP MING

Citation

HKSAR v. IP MING
Court

Court of First Instance
Case number

HCMA835/2005

The 16‑month custodial sentence is appropriate and not manifestly excessive given the substantial heroin quantity (14.06 g), operation of a non‑small divan, presence of 15 persons, the appellant's 13 prior convictions including drug offences and his absconding while on bail; the appeal is without merit and is dismissed.
27 Feb 1998

HKSAR v. HUNG PING WAH

Citation

HKSAR v. HUNG PING WAH
Court

Court of Appeal
Case number

CACC241/1997

For Case No. 241/97 the Court refused leave to appeal because the aggregate sentence and the reductions for plea were within the sentencing judge's discretion and not manifestly excessive given aggravating features; for Case No. 488/97 the Court allowed the appeal to the extent of reducing the overall term under the totality principle by ordering part (2 years) of the 3-year sentence in that case to run consecutively to the earlier 3-year sentence, producing a combined total of 5 years rather than 6.

Hong Kong Case Law

香港特別行政區 訴 黃志豐

HKSAR v. KWOK SHIU TO, WILLIAM

HKSAR v. IP MING

HKSAR v. HUNG PING WAH

香港特別行政區訴黃志豐