Hong Kong Case Law: Decisions & Judgments

Topic

Sentence mitigation for cooperation

Legal area

Court

29 Sept 2022

HKSAR v. MICHALAKOPOULOS THEODOROS

Citation

[2022] HKCA 1099
Court

Court of Appeal
Case number

CACC30/2021

The Court found there was sufficient evidence to establish a prima facie case and dismissed grounds challenging 'no case to answer' and most grounds attacking safety of conviction, but held that the trial judge's handling of the alleged lies about the applicant's finances (and related potential improper emphasis) raised a reasonably arguable issue and granted leave on that point and on sentencing because the judge failed to credit the applicant's cooperation; leave to appeal was therefore granted in part and refused in part.
13 Nov 2002

HKSAR v. CHAN SAU HING AND ANOTHER

Citation

HKSAR v. CHAN SAU HING AND ANOTHER
Court

Court of Appeal
Case number

CACC211/2001

On the evidence of identification, repeated presence at the fraudulent premises and multiple documents bearing the 2nd appellant's name within the conspiracy period, the only reasonable inference was her participation in the conspiracy; documents could be relied upon circumstantially without maker evidence; there was no impermissible reversal of burden; accordingly 2nd appellant's conviction affirmed. The 1st appellant, having given truthful evidence for the prosecution, was entitled to the usual cooperation discount and her sentence was reduced accordingly.
5 Mar 1987

THE QUEEN v. YEUNG KAM LUNG AND ANOTHER

Citation

THE QUEEN v. YEUNG KAM LUNG AND ANOTHER
Court

Court of Appeal
Case number

CACC531/1986

The conviction of the 2nd applicant was upheld because the combined effect of a voluntarily made admission in a cautioned statement, the presence of his fingerprint on the sealing machine found in the same bag as the drugs, and his occupation of the premises beneath the rooftop provided sufficient evidence beyond reasonable doubt of joint possession for unlawful trafficking. The 1st applicant's sentence was reduced from five to four years because insufficient credit was given for his substantial cooperation with police.

Hong Kong Case Law

HKSAR v. MICHALAKOPOULOS THEODOROS

HKSAR v. CHAN SAU HING AND ANOTHER

THE QUEEN v. YEUNG KAM LUNG AND ANOTHER