Hong Kong Case Law: Decisions & Judgments

Topic

Sentence starting point and enhancement

Legal area

Court

17 Sept 2021

HKSAR v. WONG KEAT JEANG

Citation

[2021] HKCA 1282
Court

Court of Appeal
Case number

CACC80/2020

The judge did not misapply her discretion: the appellant's suggestion to move the handover to Macau/Malaysia and his failure to disclose contact details he possessed contributed to the failure of the controlled delivery and undermined full and frank cooperation; on the facts the judge lawfully refused to award any additional discount beyond the one-third plea reduction and the sentence was properly affirmed.
19 Aug 2016

HKSAR v. NATUKUNDA AISHAH

Citation

HKSAR v. NATUKUNDA AISHAH
Court

Court of Appeal
Case number

CACC53/2016

Leave to appeal out of time was refused because the applicant failed to provide a reasonable explanation for the delay and, alternatively, the sentence was within the judge's discretionary range and not manifestly excessive.
3 Mar 2016

HKSAR v. MASEMBO KILUGAJA JORAM

Citation

HKSAR v. MASEMBO KILUGAJA JORAM
Court

Court of Appeal
Case number

CACC271/2015

Leave to appeal out of time was granted because the applicant was not advised by counsel at sentencing; the sentencing judge erred in failing to state the starting point and the enhancement applied. Applying the Lau Tak Ming arithmetic yields a starting point of 16 years 3 months for 450g heroin; applying a 9‑month enhancement for the international element produces a 17‑year starting point, reduced by one‑third for the guilty plea, resulting in a sentence of 11 years and 4 months which replaces the original 12‑year sentence.

Hong Kong Case Law

HKSAR v. WONG KEAT JEANG

HKSAR v. NATUKUNDA AISHAH

HKSAR v. MASEMBO KILUGAJA JORAM