Hong Kong Case Law: Decisions & Judgments

Topic

Application of sentencing guidelines

Legal area

Court

1 Feb 2019

HKSAR v. FUNDI FURAHA GILES

Citation

[2019] HKCA 154
Court

Court of Appeal
Case number

CACC82/2017

Leave to appeal out of time was refused because no cogent reason for delay was given; on the merits the court found the judge had used the correct active narcotic weight (824g) and that the sentence was broadly in line with guidelines despite a lesser-than-appropriate enhancement for the international element; any discount for participation in Father Wotherspoon's campaign is discretionary and limited to a token amount (up to three months) and would not have altered the outcome sufficiently to justify granting leave out of time.
11 Jan 2017

HKSAR v. OKORIE NWABUEZE JOSEPH

Citation

HKSAR v. OKORIE NWABUEZE JOSEPH
Court

Court of Appeal
Case number

CACC194/2016

Leave to appeal out of time was not required but would have been granted if necessary given credible legal advice; the sentence of 13 years (18 years starting point, +1 year international enhancement, one-third plea discount) was within applicable guidelines and not excessive; the forfeiture order was properly made because the prosecution established a prima facie connection between the US$3,000 and the drug trafficking and the applicant failed to rebut that connection on the balance of probabilities.
14 Jun 2005

HKSAR v. PEDRONAN, JOSEPHINE L

Citation

HKSAR v. PEDRONAN, JOSEPHINE L
Court

Court of First Instance
Case number

HCMA403/2005

The court held that the 12 month sentence for possession of another person's identity card was appropriate and correctly applied the Court of Appeal guidelines in Li Chang-li; therefore the appellant's challenge to the length of sentence failed and the appeal was dismissed.
10 Apr 2003

HKSAR v. WONG CHI SING

Citation

HKSAR v. WONG CHI SING
Court

Court of First Instance
Case number

HCMA204/2003

Applying the Chan Chi Man guidelines equating midazolam with methaqualone, the court set a starting point at the top of the discretionary band, reduced each sentence by one-third for the guilty pleas to four months per charge, ordered the first two charges concurrent and the third (committed on bail) wholly consecutive, producing an aggregate term of eight months imprisonment.
22 Sept 1998

HKSAR v. LAM SIU WAI

Citation

HKSAR v. LAM SIU WAI
Court

Court of Appeal
Case number

CACC339/1998

The Court held that the trial judge correctly identified appropriate starting points, applied a one-third reduction for plea, properly found no further mitigating factors, and that the resulting concurrent sentences of 10 years and 16 years 8 months were not excessive; the application for leave to appeal was therefore dismissed.

Hong Kong Case Law

HKSAR v. FUNDI FURAHA GILES

HKSAR v. OKORIE NWABUEZE JOSEPH

HKSAR v. PEDRONAN, JOSEPHINE L

HKSAR v. WONG CHI SING

HKSAR v. LAM SIU WAI