Hong Kong Case Law: Decisions & Judgments

Topic

Datc (drug addiction treatment centre)

Legal area

Court

26 Aug 2004

HKSAR v. NGUYEN LAM TUYEN

Citation

HKSAR v. NGUYEN LAM TUYEN
Court

Court of First Instance
Case number

HCMA576/2004

The Magistrate was entitled to treat the admitted facts as establishing pickpocketing, was entitled to adopt an increased starting point because of the appellant's extensive record and drug addiction, lawfully started at 24 months and reduced one-third for a guilty plea yielding 16 months per count, and lawfully ordered concurrency and a partial consecutive term to result in a total effective sentence of 18 months; accordingly the sentence was not excessive and the appeal is dismissed.
25 May 2001

HKSAR v. FU MEI LING

Citation

HKSAR v. FU MEI LING
Court

Court of First Instance
Case number

HCMA338/2001

The learned Magistrate lawfully exercised sentencing discretion by treating the appellant's extensive prior convictions and failure to benefit from DATC as aggravating factors, adopting a 6-month starting point and reducing to 4 months for the plea; there was no error warranting interference, so the appeal is dismissed.
9 Mar 1999

HKSAR v. SHEK SZE FAI

Citation

HKSAR v. SHEK SZE FAI
Court

Court of First Instance
Case number

HCMA70/1999

The magistrate's starting point of 12 months for simple possession of heroin was consistent with current sentencing practice; the appellant's early guilty plea warranted a one-third reduction to 8 months; the appellant's addiction and family circumstances did not justify further reduction given prior opportunities for treatment and his history of offending; therefore the sentence was not wrong in principle nor manifestly excessive.

Hong Kong Case Law

HKSAR v. NGUYEN LAM TUYEN

HKSAR v. FU MEI LING

HKSAR v. SHEK SZE FAI