Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Out of time appeal/leave to appeal
  • 22 Mar 2019

    HKSAR v. PEREZ PERAZA ZULEYMA COROMOTO

    Citation
    [2019] HKCA 352
    Court
    Court of Appeal
    Case number
    CACC162/2018

    No valid reason was given to justify the out‑of‑time application; the starting point and enhancement were correctly applied in accordance with established guidelines; the 10‑month reduction for participation in Father Wotherspoon’s campaign was excessive under the court’s subsequent authority (Kilima) which limits any such discount to a token amount; on correct application of mitigation the sentence should have been approximately nine months longer, therefore the out‑of‑time application is without merit and is refused and the appeal is dismissed.

    • Trafficking in dangerous drugs
    • Sentencing starting point and enhancements
    • Mitigation and discounts
    • Out of time appeal/leave to appeal
    • Role of personal circumstances