Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Plea reduction

  • 12 Oct 2018

    HKSAR v. POON KAR YUE

    Citation
    [2018] HKCA 684
    Court
    Court of Appeal
    Case number
    CACC356/2017

    The Court held that the trial judge erred by applying 'breach of trust' where the appellant's access to the student hall was general and he held no position of authority or unique entrusted access; the location factor (student hall) warranted less weight than a private home or school for minors; the judge's starting points were therefore too high and produced a manifestly excessive overall sentence; applying proper starting points and plea discounts the appropriate overall sentence is 18 months' imprisonment with specified concurrency/consecutivity orders.

  • 15 Dec 2004

    HKSAR v. FUNG CHI MAN AND ANOTHER

    Citation
    HKSAR v. FUNG CHI MAN AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC226/2004

    The Court dismissed the applications and upheld sentences of 26 months imprisonment each because the applicants acted as a team in persistent pickpocketing in a crowded late‑night location, their prior convictions and the prevalence of the offence justified the adopted starting point and a 30% enhancement under s.27 Cap.455, and no error of principle or manifest excess was demonstrated.

  • 9 Dec 1998

    HKSAR v. WONG FU WA AND ANOTHER

    Citation
    HKSAR v. WONG FU WA AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACC383/1998

    For typical extortion involving initial display of mass force the appropriate starting point after trial is 4 years imprisonment; guilty pleas attract the usual one-third reduction leading to 2 years and 8 months in the circumstances of these applicants; disparity in sentence between co-offenders may be relevant but the 2nd Applicant's supporting role did not justify a materially lower sentence here.