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Hong Kong decisions
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Leave to appeal out of time was refused in a drug-trafficking sentence appeal. The court held any difference under revised guidelines would be insubstantial.
The Court of Appeal refused leave to appeal against sentence for theft and burglary, holding that the judge’s starting points, recidivism enhancements, and totality assessment were proper.
The Court held there was no error in the trial judge's factual findings or application of sentencing law: the asserted mediating conduct by D1 did not amount to a mitigating feature sufficient to reduce culpability in the context of a premeditated, weapon‑assisted, large‑scale riot; the 7‑year baseline for the riot was an appropriate starting point for these offenders; plea discounts and concurrency orders were properly applied; accordingly permission to appeal against sentence was refused and the original sentences were upheld.
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Having reheard the case on the evidence, the High Court concluded the magistrate's starting point of 7.5 weeks custody was appropriate for 0.58g of cocaine and that the magistrate acted leniently by granting a one-third plea discount (more than the usual one-fifth for a plea on the first day). The sentence of 5 weeks immediate custody was therefore not manifestly excessive and was upheld.
Source excerpt
Leave to appeal against sentence was refused in a robbery case involving an imitation firearm, planned conduct, and a 14-year starting point reduced for a late plea.
The sentence was within the reasonable range for a repeat shoplifter; the trial judge permissibly adopted a 10‑month starting point and uplifted it by two months for the appellant's extensive theft antecedents and rapid reoffending, then applied a one‑third guilty plea discount to reach 8 months; no error or manifest excess was shown on rehearing, so the appeal is dismissed.
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Leave to appeal against a 43-month sentence for burglary and failure to surrender was refused. The Court held the sentence was not manifestly excessive.
The Court of Appeal refused leave to appeal against a trafficking sentence, holding the judge was entitled to treat the applicant’s serious record and role as aggravating.
Leave to appeal against sentence was granted in a conspiracy to defraud case arising from alleged human trafficking. The court will consider whether sentence could reflect facts beyond the charge.
Leave to appeal against sentence was granted in a ketamine trafficking case. The court said the existing ketamine guidelines may warrant reconsideration.
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