Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sentencing overlap

Legal area

Court

2 Apr 2008

HKSAR v. NGO THI TRAM

Citation

HKSAR v. NGO THI TRAM
Court

Court of First Instance
Case number

HCMA133/2008

The appeal was dismissed because the magistrate's aggregate sentence (15 months for illegal entry with a 6 month cigarette sentence overlapped by 3 months producing 18 months) was the least sentence the magistrate could reasonably impose, the appellant's circumstances were not exceptional, and consistency in sentencing justified upholding the sentence.
15 Dec 1998

HKSAR v. MAU TIN SANG

Citation

HKSAR v. MAU TIN SANG
Court

Court of First Instance
Case number

HCMA1024/1998

Each individual nine month sentence was not wrongly principled or manifestly excessive, but applying the totality principle the cumulative sentence of 14 months was manifestly excessive; the appropriate adjustment was to reduce the consecutive element so that Appeal No.1024 is consecutive to Appeal No.1023 for one month only.