Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Selling infringing copies

Legal area

Court

22 Jun 2005

HKSAR v. CHAN HON FAI

Citation

HKSAR v. CHAN HON FAI
Court

Court of First Instance
Case number

HCMA430/2005

There were no exceptional circumstances to disturb the magistrate's immediate custodial sentences. The magistrate properly considered mitigation, the appellant's persistent offending and offending while on bail, and applied an appropriate starting point and discounts; consecutive sentences were justified and totality principles were observed.
22 Jun 2005

HKSAR v. CHAN HON FAI

Citation

HKSAR v. CHAN HON FAI
Court

Court of First Instance
Case number

HCMA426/2005

The learned magistrate properly applied relevant authorities and sentencing principles, considered mitigating factors including family illness and adjournments granted, and correctly imposed immediate custodial sentences with one-third discount per count and ordered consecutive terms given separate offences committed nearly a year apart and the aggravation of offending while on bail; there were no exceptional circumstances to reduce the sentences on appeal.