Hong Kong Case Law: Decisions & Judgments

Topic

Sentence discount for cooperation

Legal area

Court

22 May 2015

HKSAR v. TOERAB MOHAMEDAJOEB

Citation

HKSAR v. TOERAB MOHAMEDAJOEB
Court

Court of Appeal
Case number

CACC278/2010

Given the temporal proximity of the abandonment and the transfer application, the absence at the time of clear explanatory notes and potential language issues, the abandonment was not a deliberate informed act and is treated as a nullity; on merits the sentence of 16 years 8 months is appropriate under Abdallah guidelines (starting point 23 years, two‑year enhancement for importation, one‑third plea discount) and no further discount is warranted for the non‑prejudicial statement/offered evidence because it undermined credibility and provided no usable assistance to prosecution.
18 Nov 2014

HKSAR v. TSOI SIN YEE

Citation

HKSAR v. TSOI SIN YEE
Court

Court of Appeal
Case number

CACC27/2014

The Court held that none of the grounds advanced by the applicant raised a point of law of great and general importance arising from the prior judgment; accordingly the application for certification is dismissed.
8 Feb 2012

HKSAR v. X

Citation

HKSAR v. X
Court

Court of Appeal
Case number

CACC109/2011

The Court held the sentencing judge erred in refusing any additional discount because the prosecution had proceeded on the applicant's evidence 'up to proof' despite known discrepancies and the applicant had placed himself at risk by testifying; accordingly some reduction (40% total) was appropriate and the sentences were reduced to 12 years (manufacturing) and 9 years (trafficking), concurrent.
9 Aug 2011

HKSAR v. YIU CHUN WA

Citation

HKSAR v. YIU CHUN WA
Court

Court of Appeal
Case number

CACC167/2011

The Court held the assistance was unsupported, uncorroborated and of no real utility to the prosecution; therefore the sentencing judge did not err in awarding only the additional three month reduction and dismissing the application for leave to appeal the sentence.
10 Feb 2010

HKSAR v. NG TSZ WAI JEANS

Citation

HKSAR v. NG TSZ WAI JEANS
Court

Court of Appeal
Case number

CACC265/2007

Because the applicant provided material and truthful evidence in two separate prosecutions, a discount in excess of 50% was appropriate; applying that principle to the facts the court reduced the sentence to the time the applicant had already served up to 1 September 2009, entitling him to immediate discharge as from that date.
1 Dec 2004

HKSAR v. TANG WING SUM

Citation

HKSAR v. TANG WING SUM
Court

Court of Appeal
Case number

CACC395/2004

The court admitted the police statements, found police already knew of the applicant's connection to the premises so the additional drugs would inevitably have been found without his assistance, and held that the full discount for guilty plea appropriately reflected his cooperation; prior good character did not warrant further discount for serious drug offences.
28 Aug 2003

HKSAR v. TSE KAI-KUI, DENNIS

Citation

HKSAR v. TSE KAI-KUI, DENNIS
Court

Court of Appeal
Case number

CACC222/2003

Leave to appeal out of time is granted; the applicant had provided exceptional and effective assistance to the ICAC (numerous statements and witness evidence leading to multiple guilty pleas and convictions), thereby justifying an unusually high discount in addition to the one-third plea discount; the court quashed the original 32-month sentence and substituted a concurrent sentence of 20 months imprisonment on each charge.
12 Jun 2001

HKSAR v. FAN PAK KEI

Citation

HKSAR v. FAN PAK KEI
Court

Court of Appeal
Case number

CACC62/2000

A defendant who, after sentence, provides crucial and risky evidence against co-offenders is entitled to a further discretionary reduction in sentence; the 'supergrass' concept does not entitle a defendant to an automatic or unlimited discount, and in this case the Court exercised its discretion to reduce the applicant's principal sentence from 16 to 12 years and concurrent sentences from 2 years to 18 months each because of his substantial assistance.