Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Global approach to sentencing
  • 11 Mar 2011

    HKSAR v. CHEUNG TAK WA AND ANOTHER

    Citation
    HKSAR v. CHEUNG TAK WA AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC305/2010

    Appeal allowed in part. The Court accepted the global approach but found the judge's starting points were excessive in part: reduced the robbery starting point applied to the 1st applicant (from an effective enhanced 12 years to an appropriate starting point of 10 years) and reduced the starting point for the 2nd applicant's conspiracy to rob from six to four years (with discount for plea and partial consecutive service). Consequently the Court quashed and substituted the specific custodial terms: Count 2 for the 1st applicant reduced from eight years to six years eight months and Count 3 for…