Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mitigation and leniency

Legal area

Court

29 Mar 2000

HKSAR v. Bautista Imelda V

Citation

HKSAR v. Bautista Imelda V
Court

Court of First Instance
Case number

HCMA148/2000

The Magistrate's sentence of 12 months imprisonment per offence, ordered to run concurrently, was within the sentencing discretion in light of the Appellant's mitigating circumstances and the statutory seriousness of the offences; there was no basis to disturb the sentence on appeal.
20 Nov 1990

THE QUEEN v. CHEUNG HON KWONG AND OTHERS

Citation

THE QUEEN v. CHEUNG HON KWONG AND OTHERS
Court

Court of Appeal
Case number

CACC503/1989

The Court held the five year sentence was not manifestly excessive because the judge properly balanced mitigating factors (the applicant being prevailed upon and lacking control) against the need for deterrence, and gave substantial leniency relative to a co-accused (two years less than a seven year sentence); since the applicant was convicted after trial the starting point had to be higher than the six year guideline for pleas, and five years was the appropriate term.