16 Sept 2013
General rule: do not accord sentencing credit for information that bears no fruit; only in rare, exceptional cases where the information is demonstrated to be truthful and would likely have led to prosecutions and where failure is due to culpable inaction by authorities will some credit be given, with the burden on the accused to prove those facts; application dismissed on these grounds.
27 Dec 2001
Leave to appeal was granted because there was a substantive issue concerning restitution and possible failure to give the applicant credit for cooperation that required investigation.
25 Nov 1997
The Court held that the trial judge correctly aggregated the narcotic content of the mixtures and properly applied the Lau Tak-ming sentencing bands to arrive at a 14‑year starting point, applied an appropriate discount (about one third) for guilty plea and limited cooperation, and correctly imposed concurrent terms (5 years on count two, 9 years on count three); there was no error of principle and the appeal was dismissed.
25 Aug 1995
The Magistrate erred in selecting starting points and in overall sentence; proper starting points were 12 months for aiding and abetting and 15 months for transfer of an identity card, reduced for guilty plea to 8 and 10 months respectively, with an additional 6-month deduction for cooperation, resulting in an aggregate term of imprisonment of 12 months; appeal allowed in part and sentences substituted accordingly.
19 Jan 1994
The original sentence was insufficient given the very large quantity (93.26 kg) of herbal cannabis intended for large-scale trafficking; an appropriate starting point was eight years, limited credit for guilty plea justified reducing the term but cooperation did not merit discount; accordingly the Court set aside the three-year sentence and substituted a six-year imprisonment term.
8 Sept 1992
Defendants were realistically aware or ought to have been aware that firearms would be used; therefore no reduction for alleged lack of knowledge of firearms. A promise to give evidence cannot be credited in advance; credit is limited to actual cooperation. Accordingly the applications for leave to appeal against sentence were dismissed and the sentences imposed by the judge were upheld.
11 Sept 1990
The Court held that while promises to give evidence should not be credited, actual post-sentence conduct such as giving evidence that leads to convictions may be taken into account by the Court of Appeal; Clause XV does not prevent the Court from reducing sentences under its statutory powers. Applying the law to the facts, the Court found the total sentence of nine years was not manifestly excessive and dismissed the application.
6 Jul 1990
Appeal allowed in part: while courts generally confine credit for cooperation to acts done by sentencing date, exceptional circumstances—applicants demonstrated good faith by giving evidence and further testimony was frustrated through absconding of suspects—justify additional credit; the 18‑year starting point for manufacture was appropriate; a reduction of about 40% applied in these unique circumstances.
31 Jan 1989
For hawking obstruction offences in the Tsimshatsui "Golden Mile" a consistent sentencing approach is required: first offenders should generally be fined no more than $600, repeat offenders may be fined up to $1,000 (and higher for persistent recidivists), with allowance for mitigation such as honest disclosure; charging should be consistently under the Hawkers By-laws rather than the Summary Offences Ordinance to avoid artificially higher penalties.
22 Oct 1982
The conviction was upheld because the trial judge correctly cautioned himself about uncorroborated accomplice evidence and nonetheless believed the accomplice; separately, the sentence of NG was reduced because the trial judge did not make sufficient allowance for his full cooperation and guilty plea.