Hong Kong Case Law: Decisions & Judgments

Topic

Sentencing tariff and starting point

Legal area

Court

18 Jun 2015

HKSAR v. SALVADOR DIAS

Citation

HKSAR v. SALVADOR DIAS
Court

Court of Appeal
Case number

CACC44/2015

The Court refused leave to appeal out of time because the original sentence (starting point 20 years, one year enhancement for international element, one‑third discount for guilty plea resulting in 14 years) was within established sentencing guidelines and not manifestly excessive; there were no exceptional humanitarian grounds and the information provided by the applicant did not assist authorities, so no basis for reduction or grant of leave.
4 Aug 2006

HKSAR v. XU WUPENG

Citation

HKSAR v. XU WUPENG
Court

Court of First Instance
Case number

HCMA492/2006

The appeal is allowed because the offence was committed in 1994 on a single occasion and the correct reference for sentencing was the practice prevailing in 1994, which supported a lower sentence; accordingly the magistrate's sentence of eight months (based on a higher starting point and later authorities) was excessive and is substituted with four months imprisonment.
19 Oct 2005

HKSAR v. TSUI LONG YIN

Citation

HKSAR v. TSUI LONG YIN
Court

Court of First Instance
Case number

HCMA780/2005

The appellate court found the six month sentence for possession of syringes was excessive given the established three month tariff; although the hospital location is an aggravating factor, it did not justify increasing the sentence to six months. The court substituted a four month immediate custodial term for the six months imposed by the magistrate, upheld activation of the two month suspended sentence and ordered it to run consecutively, concluding the resultant total sentence did not offend the totality principle.

Hong Kong Case Law

HKSAR v. SALVADOR DIAS

HKSAR v. XU WUPENG

HKSAR v. TSUI LONG YIN