Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Possession of prohibited weapon (cs spray)
  • 13 Feb 2007

    HKSAR v. CHAU LAP PUI

    Citation
    HKSAR v. CHAU LAP PUI
    Court
    Court of Appeal
    Case number
    CACC358/2006

    Leave granted and appeal allowed in part: the court reduced the sentence for possession of CS spray from 20 to 4 months because the starting point was excessive and the judge should not have rejected the applicant's explanation without a Newton hearing; the court ordered that the full 8-month (theft) and full 20-month (burglary) terms run consecutively to other sentences, resulting in a total custodial term of 32 months; sentencing adjustments must not be offset by enhancing other proper starting points to compensate for error.