Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appeal on sentence

Legal area

Court

14 Jun 2001

HKSAR v. SO WAI SHING

Citation

HKSAR v. SO WAI SHING
Court

Court of First Instance
Case number

HCMA60/2001

The magistrate's finding of joint enterprise and the Appellant's knowledge and participation was a permissible inference from the evidence; credibility findings by the trial magistrate are entitled to deference and there were no exceptional circumstances to justify appellate interference; the sentence of 12 months was within proper sentencing principle and not manifestly excessive.
29 May 1995

R. v. CHAN KING HEI and Others

Citation

R. v. CHAN KING HEI and Others
Court

Court of Appeal
Case number

CACC358/1994

The Court held that a trial judge is not obliged to give reasons for voir dire rulings and did not err in refusing to rule during trial on lawfulness of arrest or breaches of the Judges' Rules when such matters concerned credibility and weight for the jury; the residual discretion to exclude evidence exists but was not engaged on these facts; any arguable breach of Article 5(2) was cured before interview so confessions were admissible; and the sentences imposed were within proper range and not manifestly excessive, therefore the leave applications and appeals were refused.