Hong Kong Case Law: Decisions & Judgments

Topic

Sentence concurrency and totality

Legal area

Court

19 Dec 2023

HKSAR v. CHOW HOI YAM

Citation

[2023] HKCFI 3194
Court

Court of First Instance
Case number

HCMA153/2023

The magistrate's findings that PW2 was credible and that the appellant was identified by corroborating CCTV evidence (including consistent distinctive clothing across multiple CCTV exhibits and one image where facial features were visible) were reasonable; the conviction was neither unsafe nor unsatisfactory; the partial consecutive sentence was justified under the totality principle and was not manifestly excessive.
21 Jun 2007

HKSAR v. CHEN YULAN

Citation

HKSAR v. CHEN YULAN
Court

Court of First Instance
Case number

HCMA482/2007

The magistrate's sentencing approach was lawful and within proper authority: concurrent sentences were correctly imposed within each pair of charges, the totality principle was correctly applied between pairs producing an overall term of 21 months, and the appellant's asserted family circumstances did not justify further reduction; therefore the appeal is dismissed.
28 May 1998

HKSAR v. CHU SAN MING

Citation

HKSAR v. CHU SAN MING
Court

Court of Appeal
Case number

CACC581/1997

The conviction was upheld because fingerprint and other circumstantial evidence, together with the trial judge's rejection of the defendant's account, supported the inference of entry with intent to steal; however the original sentence of 21 months consecutive was manifestly excessive under the totality principle and was reduced to 12 months consecutive to the earlier sentences.
6 Mar 1998

HKSAR v. TSANG CHUN KIT

Citation

HKSAR v. TSANG CHUN KIT
Court

Court of First Instance
Case number

HCMA650/1997

The appeal is dismissed because the magistrate's findings on credibility and fact were rationally based on the evidence and medical reports; the prior conviction was elicited by the defence and was admissible as background rather than relied upon as proof of guilt; and the sentences imposed, including activation of the suspended sentence, were appropriate having regard to the appellant's record and the nature of the offences.
14 Aug 1997

HKSAR v. NG WAI KEI and Another

Citation

HKSAR v. NG WAI KEI and Another
Court

Court of Appeal
Case number

CACC59/1997

The Court held the district judge's starting points and discounts were appropriate, the overall sentencing and order that the sentences run concurrently but consecutively to the existing 30-month term were correct, and there was no basis to grant leave or to interfere with the sentence; application dismissed with loss of time ordered.
21 Dec 1995

R. v. TSUI SIU PING

Citation

R. v. TSUI SIU PING
Court

Court of Appeal
Case number

CACC585/1995

The judge correctly admitted the cautioned statements after hearing evidence, the conviction on the weapons and attempted wounding charges was safe on the basis of the prosecution evidence, and the aggregate sentence of four years was not manifestly excessive or wrong in principle; leave to appeal against conviction and sentence was therefore dismissed.

Hong Kong Case Law

HKSAR v. CHOW HOI YAM

HKSAR v. CHEN YULAN

HKSAR v. CHU SAN MING

HKSAR v. TSANG CHUN KIT

HKSAR v. NG WAI KEI and Another

R. v. TSUI SIU PING