Hong Kong Case Law: Decisions & Judgments

Topic

Mitigation and family hardship

Legal area

Court

14 Sept 2016

HKSAR v. SINGH, BIKRAM

Citation

HKSAR v. SINGH, BIKRAM
Court

Court of First Instance
Case number

HCMA297/2016

The magistrate correctly applied the established guideline (12 months on plea, uplift for conviction after trial) and properly adopted 18 months as the starting point; there were no sufficient mitigating factors to reduce the sentence and the offences were distinct, so an order that the 18 months run consecutively to the 4 months in ESCC 1009/2016 was appropriate; accordingly the appeal against sentence is dismissed and the sentence is confirmed.
13 Mar 2009

HKSAR v. BALACHAWE RUFINA UMANGAL

Citation

HKSAR v. BALACHAWE RUFINA UMANGAL
Court

Court of Appeal
Case number

CACC208/2008

Given the substantial quantity of heroin (1.45 kg), the international element, and existing authorities prescribing a starting point of 20 years or more for quantities above 600g, a 24-year starting point was not manifestly excessive; the applicant received the full one-third guilty plea discount to 16 years and her family hardship was not exceptional, therefore leave to appeal against sentence is refused.
5 Mar 1999

HKSAR v. TAM KWOK PUI

Citation

HKSAR v. TAM KWOK PUI
Court

Court of First Instance
Case number

HCMA1197/1998

The appeal is dismissed because the Magistrate had properly considered the relevant authorities and sentencing guidelines (including the tariff in R v Chan Ming), and there was no basis to regard the 15 month sentence as excessive or to disturb it despite the appellant's stated family hardships.
24 Feb 1998

HKSAR v. CHUNG CHI KEUNG

Citation

HKSAR v. CHUNG CHI KEUNG
Court

Court of Appeal
Case number

CACC659/1997

Leave to appeal out of time was refused because the sentencing judge had imposed a proper sentence of four years, including a full one-third discount for the guilty plea, and the judge's comment about timing of the plea was immaterial to the sentence imposed.
17 Jan 1995

R. v. CHAN LEUNG

Citation

R. v. CHAN LEUNG
Court

Court of Appeal
Case number

CACC347/1994

The Court held that a three year starting point was not excessive and that a nine-month discount for the guilty plea producing a sentence of two years and three months was appropriate; there is no rigid one-third discount rule for guilty pleas.

Hong Kong Case Law

HKSAR v. SINGH, BIKRAM

HKSAR v. BALACHAWE RUFINA UMANGAL

HKSAR v. TAM KWOK PUI

HKSAR v. CHUNG CHI KEUNG

R. v. CHAN LEUNG