Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Hong Kong decisions
Decisions matching the current search
The Court of Appeal refused out-of-time leave to appeal sentence for two drug-trafficking appellants, holding they were not “in the system” for revised guidelines.
The trial judge correctly assessed credibility and mitigation, concluded remorse was not sufficiently demonstrated beyond what is reflected in guilty-plea credit, and reasonably selected a 4-year baseline for HK$3,000,000 with cross-border aggravation; applying one-third credit and a 20% prosecution uplift to 38 months was within proper sentencing discretion, so leave to appeal against sentence was refused.
Source excerpt
The Court of Appeal refused an out-of-time application to appeal sentence for cocaine trafficking, finding no cogent reason for delay and no significant sentencing difference.
The Court of Appeal refused leave to appeal against conviction, but granted leave to appeal against sentence out of time in a cocaine trafficking case.
The Court of Appeal granted leave to appeal out of time and reduced a drug-trafficking sentence, applying revised sentencing guidelines and a 25% plea discount.
Court of Appeal refused leave on conviction but allowed sentence appeal, reducing a drug-trafficking sentence to 23 years after applying revised guidelines.
Leave to appeal out of time was refused in a drug-trafficking sentence appeal. The court held any difference under revised guidelines would be insubstantial.
The Court of Appeal refused to treat the applicant’s abandoned sentencing appeal as a nullity, holding she understood the consequences and would not have gained materially in any event.
The Court of Appeal refused leave to appeal out of time against a 13 years 4 months sentence for cocaine trafficking and manufacturing, finding no reasonably arguable manifest excess.
The Court of Appeal held that sentencing for linked drug manufacturing and trafficking should generally start with the manufacturing count to avoid double-counting, allowing both appeals in part and reducing the sentences.
Explore more
