Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non-reckoning of custody
  • 19 Nov 2008

    HKSAR v. TSANG MAN WAI, RAYMOND

    Citation
    HKSAR v. TSANG MAN WAI, RAYMOND
    Court
    Court of Appeal
    Case number
    CACC124/2008

    A District Court judge may use a starting point in excess of the seven year statutory limit when assessing sentence provided the final sentence imposed does not exceed seven years; in this case the five year sentence was lawful and represented a meaningful discount, so the appeal was dismissed and, because the applicant persisted with a previously warned and misconceived appeal, two months of custody were ordered not to be reckoned under section 83W(1) CPO.