Hong Kong Case Law: Decisions & Judgments

Topic

Sentencing guidelines and mitigation

Legal area

Court

16 Feb 2017

HKSAR v. NWADIUTO SAMUEL JOSEPH

Citation

HKSAR v. NWADIUTO SAMUEL JOSEPH
Court

Court of Appeal
Case number

CACC210/2016

The Court refused leave to appeal: the sentencing judge applied the established drug‑trafficking guidelines (correct starting point, appropriate enhancement for international element and correct discount for guilty plea) and made no appealable error; the forfeiture order was lawfully made because the prosecution proved a prima facie connection and the applicant failed to rebut on the balance of probabilities; the two documents sought to be adduced on appeal were excluded under s83V because they were neither likely credible nor was there a reasonable explanation for their non‑production at the…
29 Nov 1988

THE QUEEN v. JUMNIAN GANIN

Citation

THE QUEEN v. JUMNIAN GANIN
Court

Court of First Instance
Case number

HCMA1220/1988

Given that each appellant deliberately presented a forged Portuguese passport and made a false representation to an Immigration Officer while fully aware of the forged nature of the document, the magistrate's concurrent sentences of 9 months (use of forged travel document) and 3 months (false representation) were not manifestly excessive; the mitigating features did not justify reducing the sentences below what the magistrate imposed.
7 Aug 1987

THE QUEEN v. TANG YUK CHUN

Citation

THE QUEEN v. TANG YUK CHUN
Court

Court of Appeal
Case number

CACC88/1987

Leave to appeal out of time was refused for lack of adequate explanation for the delay; the sentence of seven years was upheld because the trial judge properly applied sentencing guidelines, reasonably assessed nine years as appropriate and reduced to seven given lesser involvement, and there was no justification for appellate interference.

Hong Kong Case Law

HKSAR v. NWADIUTO SAMUEL JOSEPH

THE QUEEN v. JUMNIAN GANIN

THE QUEEN v. TANG YUK CHUN