Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Foreign element

Legal area

Court

23 Nov 2010

HKSAR v. HENDRIK WIJAYA OEI

Citation

HKSAR v. HENDRIK WIJAYA OEI
Court

Court of Appeal
Case number

CACC93/2008

The extension of time was refused because the 24-year sentence was within established sentencing guidelines given the quantity (3.93 kg) and the aggravating foreign element; the applicant's personal circumstances did not render the sentence manifestly excessive.
20 Nov 2008

HKSAR v. VACA MINGYAO

Citation

HKSAR v. VACA MINGYAO
Court

Court of Appeal
Case number

CACC164/2008

For trafficking approximately 1,049.58 grammes of heroin with a foreign element, a 22-year starting point adequately reflects gravity; after one-third reduction for a plea of guilty the appropriate sentence is 15 years; the appeal against a 16-year sentence succeeds and the sentence is reduced to 15 years imprisonment.