Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Possession of dangerous drug (heroin)
  • 5 Aug 2009

    HKSAR v. LEE KWOK HUNG

    Citation
    HKSAR v. LEE KWOK HUNG
    Court
    Court of First Instance
    Case number
    HCMA494/2009

    The appeal was allowed in that custodial sentences were inappropriate given the appellant's terminal illness, longstanding addiction, the minor nature of the theft and absence of a pattern of similar offending; consecutive imprisonment was unjustified and a conditional discharge on both matters was the appropriate disposal to avoid needlessly depriving the appellant of his remaining months.

    • Possession of dangerous drug (heroin)
    • Shop theft (shoplifting)
    • Conditional discharge
    • Mitigation for terminal illness
    • Concurrent vs consecutive sentences
    • Time served credit
  • 21 Dec 2000

    HKSAR v. SZETO CHI WAI

    Citation
    HKSAR v. SZETO CHI WAI
    Court
    Court of First Instance
    Case number
    HCMA1009/2000

    The court dismissed the appeal against conviction, granted leave to appeal out of time against sentence, upheld the 6-month sentence for the present offence but adjusted concurrency under the totality principle so that 3 months (not 2) of the 6-month sentence is to be served concurrently with the activated suspended 6-month sentence, reducing total imprisonment from 10 to 9 months.

    • Possession of dangerous drug (heroin)
    • Sentencing concurrency and totality
    • Suspended sentence
    • Appeal out of time