Hong Kong Case Law: Decisions & Judgments

Topic

Totality and concurrency of sentences

Legal area

Court

8 Dec 2010

HKSAR v. MOHAMED NASEER AHAMED FAZLOON

Citation

HKSAR v. MOHAMED NASEER AHAMED FAZLOON
Court

Court of First Instance
Case number

HCMA827/2010

Given the seriousness of the offences, the established sentencing starting points, the appellant's guilty pleas entitling him to a reduction, and credit for prior immigration detention together with appropriate overlap of sentences, the overall term of 17 months imprisonment was lawful and not excessive; the appeal against sentence is dismissed.
17 Nov 2009

HKSAR v. LIN MENG CHANG

Citation

HKSAR v. LIN MENG CHANG
Court

Court of Appeal
Case number

CACC146/2009

The Court held the total sentence of five years imprisonment was not wrong in principle nor manifestly excessive: the District Court may take a starting point above seven years provided a meaningful discount is given for plea, the applicant's role and the large, sophisticated international laundering of around HK$20.7 million justified robust punishment, and ordering some sentences consecutive (charges involving false documents) was within judicial discretion to achieve an appropriate overall sentence.
19 Aug 2009

HKSAR v. LIU HIU ZHI

Citation

HKSAR v. LIU HIU ZHI
Court

Court of Appeal
Case number

CACC184/2008

The Court allowed the appeal in part, holding the applicant was entitled to a 50% overall discount for his assistance to the authorities, rejected the challenge to being treated on the same starting point as a co-accused for Count 2 because his lookout role was critical, and ordered adjustment of concurrency (making 2 months of Count 2 consecutive to Counts 3 and 4) to give effect to a reduced total sentence of 3 years and 6 months.
30 Jan 2007

HKSAR v. KWAI PING HUNG

Citation

HKSAR v. KWAI PING HUNG
Court

Court of Appeal
Case number

CACC73/2005

The Court held that (1) the jury could properly infer knowledge of firearms but not of concealed grenades, so the firearms conviction and explosives acquittal were not inconsistent and no appellate interference was warranted; (2) separate counts under Cap.238 and Cap.200 were permissible because possession of distinct items in the suitcase constituted separate acts of possession and did not breach s.58 Cap.200; (3) the sentencing judge erred in principle by making sentences on counts arising from the same facts partially consecutive so as to exceed the statutory maximum, and the Court correct…
15 Jun 2001

HKSAR v. XU YONG BIAO

Citation

HKSAR v. XU YONG BIAO
Court

Court of Appeal
Case number

CACC404/2000

The Court held the aggregate five-year sentence was manifestly excessive; while the starting points for individual forged passport offences (27 months) were appropriate, the imposed pattern of three consecutive 18-month batches was excessive given lawful business purpose and other factors; properly applying totality and limited plea discounts, the aggregate sentence for passport offences should be 30 months with an additional 4 months consecutive for the false driving licence offence, reducing the total to 34 months (2 years, 10 months).
25 May 1999

HKSAR v. WONG YAN MING AND ANOTHER

Citation

HKSAR v. WONG YAN MING AND ANOTHER
Court

Court of Appeal
Case number

CACC565/1998

The Court upheld the convictions because PW1's identification and evidence that the words and context operated as menaces on an ordinary person were safe; the trial judge did not err in her assessment of identification or by omitting express reference to oral admissions. On sentence, the Court held the theft sentence must run concurrently with the blackmail sentence because both arose from the same transaction and reduced the assault sentences from 3 to 2 years as excessive; for Lo adjusted totality to a 4-year term by making 18 months of the 2-year assault sentence consecutive to the concurr…

Hong Kong Case Law

HKSAR v. MOHAMED NASEER AHAMED FAZLOON

HKSAR v. LIN MENG CHANG

HKSAR v. LIU HIU ZHI

HKSAR v. KWAI PING HUNG

HKSAR v. XU YONG BIAO

HKSAR v. WONG YAN MING AND ANOTHER