Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Plea discount (one-third rule)
  • 28 May 2010

    HKSAR v. WANG WEI

    Citation
    HKSAR v. WANG WEI
    Court
    Court of Appeal
    Case number
    CACC446/2009

    The court held that the sentencing judge erred in reducing the normal one-third discount because the applicant had not surrendered; a timely plea entered at first appearance entitled the applicant to the full one-third discount. Although the 'bank account' feature and brief detention were significant aggravating factors, the appellate court was satisfied the appropriate starting point of nine years (pre-plea) need not be disturbed on these facts; applying the full one-third discount reduced the sentence to six years, and the seven year sentence was set aside and substituted with six years imp…

  • 9 Jul 1998

    HKSAR v. HO CHUN-PONG

    Citation
    HKSAR v. HO CHUN-PONG
    Court
    Court of Appeal
    Case number
    CACC164/1998

    The court held that the sentencing judge erred in failing to grant the full one-third discount for an early guilty plea; accordingly the burglary sentence was reduced from two years three months to two years. The activation and consecutive ordering of the suspended two-month sentence was proper, resulting in a total effective sentence of two years two months imprisonment.