Hong Kong Case Law: Decisions & Judgments

Topic

Mitigation and compassionate grounds

Legal area

Court

1 Aug 2013

香港特別行政區訴何志武

Citation

香港特別行政區訴何志武
Court

Court of First Instance
Case number

HCMA394/2013

In the absence of any special or compelling mitigating circumstances, a 15-month custodial sentence for a defendant who unlawfully remained in Hong Kong and possessed a forged identity card is appropriate and consistent with established authority; because the offences are substantially connected, their sentences should run concurrently, and ordinary family obligations do not constitute strong humanitarian grounds to reduce the sentence.
3 Mar 1995

R. v. DAI MING HE

Citation

R. v. DAI MING HE
Court

Court of First Instance
Case number

HCMA145/1995

The magistrate's starting point in the region of nine months for the passport-related offence was not excessive; six months on the primary count with concurrent sentence on the second was appropriate, but the appeal is allowed to the extent of reducing both concurrent sentences to four months imprisonment due to compelling compassionate mitigation (appellant's mother's critical condition evidenced by an unchallenged notarised certificate).
15 Aug 1990

THE QUEEN v. CHAN CHOW LUNG

Citation

THE QUEEN v. CHAN CHOW LUNG
Court

Court of First Instance
Case number

HCMA393/1990

Although the magistrate's original 18-month sentence was not inappropriate, the appellate court may properly take into account intervening compassionate circumstances (the appellant's son's illness and caregiver difficulties) that arose after conviction and, on that basis, reduce the sentence to 12 months imprisonment.

Hong Kong Case Law

香港特別行政區 訴 何志武

R. v. DAI MING HE

THE QUEEN v. CHAN CHOW LUNG

香港特別行政區訴何志武