Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sentencing bands

  • 29 Jan 2016

    HKSAR v. CONDE NASSOU

    Citation
    HKSAR v. CONDE NASSOU
    Court
    Court of Appeal
    Case number
    CACC427/2014

    Judge failed to state the initial starting point and amount of enhancement, preventing transparency; mathematical starting point for 504.74g is 17.5 years, an appropriate enhancement for the international element is 12 months (per Chung guidance) yielding a final starting point of 18.5 years; after one-third discount for plea the correct sentence is 12 years 4 months; extension of time granted because the ground of appeal had substantial merit and the original sentence was manifestly excessive due to an erroneous process.

  • 23 Feb 2010

    HKSAR v. MUYONGA JACQUILINE ANDALO

    Citation
    HKSAR v. MUYONGA JACQUILINE ANDALO
    Court
    Court of Appeal
    Case number
    CACC305/2009

    The Court held that for 505.35g of heroin the correct starting point was within the fifth Lau Tak-ming band and 17.5 years was appropriate; the judge properly applied only the guilty plea discount and was entitled to refuse further mitigation despite pregnancy and poverty; the international element could have supported a higher starting point, therefore the application for leave to appeal the sentence lacked merit and was dismissed.