Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Role-based culpability

Legal area

Court

3 Oct 1995

R. v. CHAN YU TIN and Others

Citation

R. v. CHAN YU TIN and Others
Court

Court of Appeal
Case number

CACC147/1995

D2's sentence was reduced by one year (from 9 to 8 years) because his role was materially less culpable than D1 and D4 and an adjustment was necessary to achieve consistency in sentencing; leave to appeal granted for D2 and refused for D1 and D4.
31 May 1989

THE QUEEN v. JOHN WILLIAM WEERTH AND ANOTHER

Citation

THE QUEEN v. JOHN WILLIAM WEERTH AND ANOTHER
Court

Court of Appeal
Case number

CACC491/1988

A fixed multiplier (eg three or four) applied uniformly to the Chan Chi Man possession tariff is inappropriate; sentencing for trafficking must be individualized according to the defendant's role and circumstances. In this case the applicant played a dominant role and, after allowing for plea, cooperation and mitigation, the appropriate sentence for the second charge is 20 months imprisonment to run concurrently with the one-month sentence on the first charge.