3 Aug 2023
The Court of Appeal held the trial judge correctly found joint action and intent to treat the police shotgun as the appellant's for his purposes, properly applied Mo Kwong-Sang sentencing guidance given the involvement of a weapon and aggravating factors, and that the 7-year sentence for attempted robbery was not manifestly excessive; appeal dismissed.
21 May 2009
Because the nature of the weapon materially affected sentence and the factual dispute could not be resolved on submissions alone, the court conducted a Newton hearing, accepted the victims' evidence that a knife was used, applied the Mo Kwong-sang guidelines for robbery with a knife and dismissed the appeal while granting leave to appeal.
17 Apr 2002
Where defendants were separately and properly sentenced to consecutive custodial terms of 15 months in the magistrates court for unlawful entry, the Court of Appeal held it was inappropriate to further enhance the robbery starting point on account of the same unlawful entry status because that amounted to double punishment; applying Mo Kwong-sang the appropriate starting point for the robbery facts was seven years and, after plea discounts, the robbery sentences were reduced accordingly.
2 Feb 1994
The Court upheld the 12 year sentence as appropriate under Mo Kwong-sang for an exceptional, large scale robbery and held that the sentencing judge's inappropriate remark did not warrant reduction because the appellate court would not itself have imposed a lesser sentence.