Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Persistent offender enhancement

  • 27 Mar 2013

    HKSAR v. LAU HIU MAN

    Citation
    HKSAR v. LAU HIU MAN
    Court
    Court of Appeal
    Case number
    CACC396/2012

    The court held that the proper starting point for each burglary should be enhanced by 25% from 3 years to 3 years 9 months (not the judge's 4 years); after applying a one-third guilty plea discount each burglary sentence becomes 30 months. The AOABH starting point of 18 months was excessive and should be 4 months; after discount and adjustment the AOABH term fixed at 2 months and 20 days. The trial sentence was quashed and substituted with reduced individual sentences and reduced consecutive periods, producing a total effective sentence of 35 months. The court also ruled that a repeat visit s…

  • 19 May 2006

    HKSAR v. TSANG CHUNG MAN

    Citation
    HKSAR v. TSANG CHUNG MAN
    Court
    Court of First Instance
    Case number
    HCMA109/2006

    The Magistrate did not improperly place excessive weight on prior convictions and was entitled to enhance the sentence under the Chan Pui Chi principle, but the 18 month custodial term was an excessive enhancement for the facts; a 12 month sentence is proportionate and a reasonable enhancement in light of the offence and the Appellant's persistent offending.