Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sentencing range and mitigation

Legal area

Court

8 Dec 2006

HKSAR v. HAZRAT RAHMAN

Citation

HKSAR v. HAZRAT RAHMAN
Court

Court of First Instance
Case number

HCMA872/2006

The appeal was dismissed because the magistrate properly assessed the seriousness of the offence (three forged passports trafficked for others), considered the appellant's age and good character and must have given a generous discount; the resulting 18-month sentence was within lawful range and not excessive.
26 Mar 2002

HKSAR v. GUO TING FEI

Citation

HKSAR v. GUO TING FEI
Court

Court of First Instance
Case number

HCMA195/2002

The court upheld the eight month custodial sentence because, although on the high side compared with some decisions, it was not manifestly excessive nor wrong in principle given the seriousness and prevalence of overstaying offences and the need for deterrence; the magistrate properly applied a guilty plea reduction and considered personal and family circumstances.