Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sentence enhancement for asylum claimants
  • 20 Jul 2016

    HKSAR v. SHAH SYED ARIF

    Citation
    HKSAR v. SHAH SYED ARIF
    Court
    Court of Appeal
    Case number
    CACC298/2015

    The summing-up was fair and no arguable grounds for disturbing the jury's unanimous conviction existed; the applicant's status as a torture claimant who abused the privilege of liberty by trafficking in a substantial quantity of cocaine was an aggravating factor justifying enhancement of sentence, but the specific enhancement imposed by the trial judge (1 year 10 months) was excessive and should be reduced to 1 year, producing an overall sentence of 9 years 2 months imprisonment.