Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mitigation (guilty plea and restitution)

Legal area

Court

2 Nov 2005

HKSAR v. POON TAK LOK

Citation

HKSAR v. POON TAK LOK
Court

Court of Appeal
Case number

CACC323/2005

The Court held the Deputy Judge did not err in principle in adopting a starting point within the recognized guideline bands based on the amount stolen and position of trust, that a 50% discount for early guilty plea and full restitution was appropriate, and that immediate imprisonment of 19 months was a proper and not manifestly excessive sentence; the appeal was dismissed.
12 Jul 1977

YIP YUK-KIN v. THE QUEEN

Citation

YIP YUK-KIN v. THE QUEEN
Court

Court of Appeal
Case number

CACC521/1977

The Court held that although theft by a partner/accountant is a serious breach of trust typically requiring immediate custody, the appellant's voluntary return, guilty plea and substantial restitution (nearly 85% of the stolen sum) warranted reducing the concurrent two-year sentences to a single twelve-month custodial sentence, but suspension of the sentence was not appropriate.