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Hong Kong decisions
Decisions matching the current search
The Court of Appeal refused an out-of-time leave application against a 10-year drug-trafficking sentence, holding the judge properly applied the sentencing guidelines and relevant mitigation.
Leave to appeal against a 30-month theft sentence was refused. The Court held the sentencing value was the property’s market value, not the offender’s personal benefit.
Leave to appeal was refused because the sentencing judge correctly applied sentencing principles: the applicant actively participated in serious telephone scams targeting elderly victims and knowingly handled proceeds; the one-third guilty-plea discount already reflected his cooperation and admissions; s.27 Cap.455 aggravation was properly invoked and reasonably modulated to 25%; the aggregate sentence of 56 months was not manifestly excessive and involved no error of principle.
Source excerpt
The Court of Appeal refused leave to appeal against sentence for drug trafficking, finding the starting point, enhancements and guilty plea discount were appropriate.
The Court of Appeal refused leave to appeal against a 44-month sentence for theft and burglary, holding the judge’s enhancements for repeat offending were justified.
The Court of Appeal upheld Hui’s conviction for conspiracy to traffic cocaine and reduced both appellants’ sentences under revised drug sentencing guidelines.
The magistrate erred in adopting an 18‑month starting point by misreading Dang Van Tuan and by unsupported findings of premeditation; the appropriate starting point on the proved facts is 12 months, and after applying the one‑third guilty plea discount the proper sentence is 8 months' imprisonment. The appeal is allowed and the sentence reduced accordingly.
Source excerpt
The Court of Appeal granted an extension of time and leave to appeal sentence, applying revised drug-trafficking guidelines and reducing the sentence to 10 years and 7 months.
The Court of Appeal granted leave to appeal out of time and reduced a 14-year sentence for drug trafficking to 12 years and 4 months under revised sentencing guidance.
The Court of Appeal resentenced a drug courier after applying revised sentencing guidelines, reducing the term from 13 years 1 month to 12 years.
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