Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Bail breach as aggravation

Legal area

Court

22 Jun 2005

HKSAR v. CHAN HON FAI

Citation

HKSAR v. CHAN HON FAI
Court

Court of First Instance
Case number

HCMA426/2005

The learned magistrate properly applied relevant authorities and sentencing principles, considered mitigating factors including family illness and adjournments granted, and correctly imposed immediate custodial sentences with one-third discount per count and ordered consecutive terms given separate offences committed nearly a year apart and the aggravation of offending while on bail; there were no exceptional circumstances to reduce the sentences on appeal.
23 Feb 2000

HKSAR v. LAI MEI FUNG

Citation

HKSAR v. LAI MEI FUNG
Court

Court of Appeal
Case number

CACC614/1999

The court held that the trial judge's overall sentencing exercise was lawful and appropriate: a three year starting point per offence (after plea reductions) was justifiable even though the judge omitted an initial step outlined in HKSAR v Wan Sheung sum because applying that step would have produced the same result; the sentences were properly ordered to run consecutively because the second offence was committed while on bail the following day; totality was considered and an aggregate term of four years was appropriate; therefore the application to vary to concurrent sentences was dismissed.