Hong Kong Case Law: Decisions & Judgments

Topic

Sentencing parity and mitigation

Legal area

Court

15 Feb 2007

HKSAR v. FAVILLARAN LUDY VISILLAS AND ANOTHER

Citation

HKSAR v. FAVILLARAN LUDY VISILLAS AND ANOTHER
Court

Court of First Instance
Case number

HCMA478/2006

The court held that the magistrate had incorrectly treated the medical and witness evidence as establishing a permanent hearing loss amounting to grievous bodily harm; on the true evidence the injury amounted to assault occasioning actual bodily harm (s39 Cap.212), so the conviction under s19 was quashed and substituted accordingly; the FEHD officers lawfully required production of identity and were entitled to detain/arrest under Cap.132 s23 and Cap.570 ss3-4, and the force used by the appellants was disproportionate; appeals otherwise dismissed; sentencing adjusted to 12 days imprisonment f…
13 Oct 2004

HKSAR v. KU KIT LING

Citation

HKSAR v. KU KIT LING
Court

Court of First Instance
Case number

HCMA707/2004

The appeal against conviction is dismissed because the solicitor's error did not prejudice the appellant and the CCTV tape was not in police custody so no disclosure obligation arose; voluntary intoxication is not a defence to the basic intent offence charged. The appeal against sentence is allowed to the extent of reducing the nine month term to time served (58 days) and directing immediate release, having regard to the appellant's clear record, time served, alcohol influence and personal circumstances.
9 Oct 2003

HKSAR v. YU WEI HAO

Citation

HKSAR v. YU WEI HAO
Court

Court of First Instance
Case number

HCMA737/2003

The Court found the 12 month sentence excessive in light of the authorities and facts; the appeal is allowed and the sentence is reduced to 8 months imprisonment as the appropriate disposal given the distinction between possession and use and comparable cases.
1 Nov 1988

THE QUEEN v. CHANG MU HUA AND OTHERS

Citation

THE QUEEN v. CHANG MU HUA AND OTHERS
Court

Court of First Instance
Case number

HCMA1172/1988

Where employees merely provide sexual services without exercising control or participating in management they are not guilty of assisting in management under s.139; conversely presence in a managerial role or handling of illicit proceeds supports conviction; sentencing for first offenders must be moderated where no aggravating factors exist, warranting reduction of custodial terms.
4 Sept 1984

THE QUEEN v. MA SAI-CHUEN (D1) AND ANOTHER

Citation

THE QUEEN v. MA SAI-CHUEN (D1) AND ANOTHER
Court

Court of Appeal
Case number

CACC286/1984

Leave to appeal by Ma was refused because the trial judge's rulings and directions (on voluntariness of statements, corroboration of accomplice evidence, and jury directions on counselling) were adequate and the provision of transcripts would not have assisted; his sentences were within proper range. Leave to appeal against sentence by Chung was allowed and the sentence reduced from 8 to 5 years because he played a subordinate role, showed post‑arrest cooperation and assistance to the Crown, and the original sentence was disproportionate relative to co‑defendant's sentence and to mitigating c…

Hong Kong Case Law

HKSAR v. FAVILLARAN LUDY VISILLAS AND ANOTHER

HKSAR v. KU KIT LING

HKSAR v. YU WEI HAO

THE QUEEN v. CHANG MU HUA AND OTHERS

THE QUEEN v. MA SAI-CHUEN (D1) AND ANOTHER