Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Cross-border enhancement

Legal area

Court

27 Sept 2019

HKSAR v. YIP KWOK SING

Citation

[2019] HKCA 1096
Court

Court of Appeal
Case number

CACC143/2019

Leave to appeal was refused because the judge correctly identified and applied the legal starting point and a 2‑year enhancement for the cross‑border element, appropriately allowed a one‑third guilty plea discount, and there was no reasonably arguable basis that the overall sentence (16 years 4 months for trafficking with concurrent 8 months for possession) was manifestly excessive given the facts and the applicant's antecedents.
5 Feb 2015

HKSAR v. HO WING CHEUNG

Citation

HKSAR v. HO WING CHEUNG
Court

Court of Appeal
Case number

CACC264/2015

The sentencing judge erred in enhancing the starting point by two years based on the contents of the applicant's non‑prejudicial statements which were not properly before the court; the appropriate starting point remained 23 years and, applying the accepted 45% discount, the sentence was reduced to 12 years 8 months' imprisonment.
10 Jul 2012

HKSAR v. RUNGRUEANG CHUTIKAN

Citation

HKSAR v. RUNGRUEANG CHUTIKAN
Court

Court of Appeal
Case number

CACC430/2011

The starting point under the Lau tariff, enhanced for the international element, was appropriate; the applicant received a proper discount for her guilty plea; the sentence of 10 years and two months is not manifestly excessive and the appeal is refused.