Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Effect of prior convictions on sentence

Legal area

Court

20 Feb 1987

THE QUEEN v. CHUNG YUK KUEN AND OTHERS

Citation

THE QUEEN v. CHUNG YUK KUEN AND OTHERS
Court

Court of Appeal
Case number

CACC204/1986

The Court compared the facts to similar sentences, found the trial judge erred by failing to differentiate culpability among defendants and by increasing D4's sentence due to prior convictions without proper basis, and reduced sentences accordingly (D1-D4: 1 year on Count 3; D5: 3 years on Counts 1 and 2 concurrent; D6: 4 years; D7: 3 years on Count 1 and 4 years on Count 2, concurrent).
21 Sept 1977

TSUI SIN-KWOK AND OTHERS v. THE QUEEN

Citation

TSUI SIN-KWOK AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC756/1977

The magistrate's fines were in many cases manifestly excessive; the Court substituted lower fines, holding that practising medicine without registration (or managing an unregistered clinic) is the substantive offence meriting the principal fine while possession of Part I poisons and antibiotics generally require only nominal fines unless possession is large or indicative of supply; prior convictions justify higher fines; one appeal (Mok Wing-fat) was dismissed because the quantity of poisons justified the original sentence.