Hong Kong Case Law: Decisions & Judgments

Topic

Double counting in sentencing

Legal area

Court

6 Feb 2024

HKSAR v. LEE MING HO

Citation

[2024] HKCA 150
Court

Court of Appeal
Case number

CACC130/2019

The Court held that (1) the Abdallah supplementary guidelines must be re‑evaluated in light of Herry Jane Yusuph: factors such as international element, use of young persons and seniority ordinarily go to role and culpability (Steps 2–3) and should not be routinely applied as separate fixed enhancements to avoid double counting; previous convictions and Form 8 status remain separate aggravating features to be addressed in the sentencing judge's discretion; (2) the applicant's Notice of Abandonment of his sentence appeal was treated as a nullity because he lacked legal advice and did not form…
10 Jan 2020

HKSAR v. NGUYEN THANG LOI

Citation

[2020] HKCA 42
Court

Court of Appeal
Case number

CACC145/2019

Leave to appeal against sentence was granted because the grounds advanced were reasonably arguable: there is merit to the contention that partial consecutiveness may have amounted to double counting given the close link between quantities seized, and there is a reasonably arguable challenge to the starting point for Count 2 requiring appellate reassessment of the applicant's role and the sentencing approach.
30 Apr 2019

香港特別行政區訴李振興及另二人

Citation

[2019] HKCA 463
Court

Court of Appeal
Case number

CACC146/2018

The Court held that the trial judge did not double count: the factual features (multiple stalls and storage sites, many participants, large volume and value of counterfeit goods) properly informed the starting point and also justified the distinct inferential finding that the offending involved a substantial degree of planning and organisation required for s27(4) enhancement; accordingly the enhancement and resulting sentences were lawful and the appeals were dismissed.
21 Nov 2003

HKSAR v. XIAO WEI

Citation

HKSAR v. XIAO WEI
Court

Court of Appeal
Case number

CACC225/2003

The Court found the 3‑year starting point for handling the watch manifestly excessive on the facts and that the trial judge had effectively double‑enhanced for related aggravating conduct; treating persistent reoffending and coming to Hong Kong for the purpose of offending as a single aggravating feature produced a 9‑month enhancement, resulting in a substituted sentence of 2 years 3 months imprisonment.
14 Mar 1972

TSOI CHING CHUEN v. THE QUEEN

Citation

TSOI CHING CHUEN v. THE QUEEN
Court

Court of Appeal
Case number

CACC346/1971

Where a recognizance of conditional discharge is breached solely by failure to be of good behaviour the correct course is to forfeit the recognizance and assess sentence for the original offence by reference to circumstances as they existed when the recognizance was taken; the breach must not be doubly penalized, and probation orders without recognizance cannot attract separate penalties for breach beyond sentence for the original offence.

Hong Kong Case Law

HKSAR v. LEE MING HO

HKSAR v. NGUYEN THANG LOI

香港特別行政區 訴 李振興及另二人

HKSAR v. XIAO WEI

TSOI CHING CHUEN v. THE QUEEN

香港特別行政區訴李振興及另二人