Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Opportunistic burglary

  • 25 Jun 2015

    HKSAR v. CHAN KA CHUNG

    Citation
    HKSAR v. CHAN KA CHUNG
    Court
    Court of Appeal
    Case number
    CACC75/2015

    The single judge refused the applicant's application for leave to appeal against sentence because there was no proper basis to reduce the sentence; the sentencing judge was entitled to increase the starting point for deterrence given the applicant's appalling record and recent release from custody, and any mitigation from the opportunistic circumstances and guilty plea was offset; accordingly the 20 months' sentence will not be disturbed by this leave application.

  • 9 Aug 2013

    HKSAR v. HAI CHUNG PO

    Citation
    HKSAR v. HAI CHUNG PO<br>
    Court
    Court of Appeal
    Case number
    CACC115/2013

    The Court held that the judge correctly applied the conventional 3‑year starting point for domestic burglary, permissibly enhanced it by 3 months because of the applicant's serious and persistent record, and properly applied a one‑third plea discount, producing a justified sentence of 26 months; leave to appeal against sentence is refused.

  • 13 Apr 2006

    HKSAR v. Y EUNG KWOK-SANG

    Citation
    HKSAR v. Y EUNG KWOK-SANG
    Court
    Court of Appeal
    Case number
    CACC4/2006

    An 18‑month sentence on a guilty plea (calculated from a 27‑month starting point after discounts) for an opportunistic burglary of premises treated as non‑domestic was not manifestly excessive given the one‑third guilty plea reduction and a further two‑month deduction; the applicant's remote prior convictions did not justify further interference.