Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sentencing - totality principle
  • 4 Jun 1998

    HKSAR v. KUNG SUEN

    Citation
    HKSAR v. KUNG SUEN
    Court
    Court of Appeal
    Case number
    CACC53/1998

    The Court accepted the judge's approach of identifying objective starting points (three years for each burglary), applying the totality principle to set a combined starting point of five years, and then deducting 18 months for guilty pleas to arrive at a total effective sentence of 3.5 years; the Court held that, despite force in the applicant's contention, 3.5 years was the correct total sentence and dismissed the appeal.