Hong Kong Case Law: Decisions & Judgments

Topic

International dimension

Legal area

Court

3 Mar 2016

HKSAR v. SHEN ZHUOTAO

Citation

HKSAR v. SHEN ZHUOTAO
Court

Court of Appeal
Case number

CACC320/2014

The appellate court allowed the appeal because the sentencing judge erred in adopting a 9-year starting point without properly applying or articulating the Boma sentencing factors and lacked an evidential basis to conclude the predicate offence was necessarily very serious; the court set a proper starting point of 7.5 years and, after a one-third discount for the guilty plea, imposed a substituted sentence of 5 years' imprisonment.
24 Mar 2011

HKSAR v. PARK SUNIL AND ANOTHER

Citation

HKSAR v. PARK SUNIL AND ANOTHER
Court

Court of Appeal
Case number

CACC334/2010

The appeal failed because the sentencing judge lawfully and properly accounted for the applicants' active participation and knowledge of a serious armed robbery as an aggravating feature when sentencing for the s.25 money‑laundering offence, correctly limited the sentence to the laundering offence, and appropriately reduced the starting point by one third for guilty pleas; the starting point was not manifestly excessive.
3 Sept 2009

HKSAR v. MARY ADHIAMBO OPOLLO

Citation

HKSAR v. MARY ADHIAMBO OPOLLO
Court

Court of Appeal
Case number

CACC128/2009

Given the quantity of heroin (close to 600g) and the international element, the starting point of 19 years was not manifestly excessive; the applicant's HIV status and family hardship did not amount to substantial mitigation; the one-third reduction for the guilty plea was correctly applied, producing a sentence of 12 years and 8 months which the court upheld and refused leave to further appeal.

Hong Kong Case Law

HKSAR v. SHEN ZHUOTAO

HKSAR v. PARK SUNIL AND ANOTHER

HKSAR v. MARY ADHIAMBO OPOLLO