Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Appellate restraint

Legal area

Court

11 Oct 2023

香港特別行政區訴鄭子成

Citation

[2023] HKCFI 2641
Court

Court of First Instance
Case number

HCMA296/2023

The court dismissed the sentence appeal because the sentencing judge properly considered relevant aggravating and mitigating factors, adopted a comparable starting point based on authorities, and increased the sentence due to the appellant's multiple and recent similar convictions and lack of mitigation; there was no principle error or manifest excess in imposing 13 months' immediate imprisonment.
1 Mar 2006

HKSAR v. HUANG SHAOYI

Citation

HKSAR v. HUANG SHAOYI
Court

Court of First Instance
Case number

HCMA1253/2005

The appeal is dismissed because the magistrate correctly found wholesale dishonesty, high monetary and sentimental value, breach of trust, and malicious motive; those features, together with the absence of a guilty plea, justify the sentence of 14 months imprisonment and provide no basis for appellate interference.
13 Nov 2002

HKSAR v. LEE TAT FAI

Citation

HKSAR v. LEE TAT FAI
Court

Court of First Instance
Case number

HCMA988/2002

The magistrate's concurrent/successive six‑week sentences were within proper sentencing discretion and the appellate court will not increase a lawful sentence merely to avoid the legislatively prescribed consequence under s6A; accordingly the appeal is dismissed.