Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Remorse assessment

Legal area

Court

7 Nov 2000

HKSAR v. CHAN MAN CHAU AND ANOTHER

Citation

HKSAR v. CHAN MAN CHAU AND ANOTHER
Court

Court of Appeal
Case number

CACC503/1999

The Court held that reducing the guilty-plea discount because the appellant gave evidence for a co-defendant which was disbelieved was wrong in principle; absent special reasons the one-third discount should be applied. The starting point of 27 years was not manifestly excessive given the large quantities of drugs. No additional discount for assistance was warranted. The sentence was adjusted accordingly to 18 years imprisonment.
13 May 1998

HKSAR v. CHENG WING KIN

Citation

HKSAR v. CHENG WING KIN
Court

Court of Appeal
Case number

CACC14/1998

The Court held that, given the near 10 grammes total quantity, the defendant's inconsistent statements and the DATC report casting doubt on genuine remorse, the latent risk principle justified the starting point and a two year global sentence (with plea discount applied) was not manifestly excessive; appeal refused.
13 Nov 1986

THE QUEEN v. TANG YUEN SIU

Citation

THE QUEEN v. TANG YUEN SIU
Court

Court of Appeal
Case number

CACC274/1986

The Court held the total sentence of 21 months was not excessive given the sustained nature of the fraud, that substitution of real stones did not indicate genuine remorse, and that recompense did not justify reducing the sentence; the application to reduce sentence was refused.