Hong Kong Case Law: Decisions & Judgments

Topic

Use of weapon

Legal area

Court

14 Apr 2022

香港特別行政區訴 HOANG VINH HOA

Citation

[2022] HKCA 532
Court

Court of Appeal
Case number

CACC165/2021

The Court found no principle error or manifest excess in the original sentencing: the trial judge properly set starting points having regard to prior convictions, the seriousness of injuries caused by a sharp blade, and applicant's Form 8 status; a one‑third plea discount was correctly applied and the totality principle was correctly addressed; therefore leave to appeal against the 46‑month sentence is refused.
18 Mar 2022

香港特別行政區訴孫麗嫦

Citation

[2022] HKCA 443
Court

Court of Appeal
Case number

CACC123/2021

Leave to appeal was refused. The sentencing judge correctly applied a starting point of five years for robbery involving a weapon, increased to five years nine months because the victim was cut, and applied a one-third reduction for a timely guilty plea resulting in a 46-month term. The voluntary overdose was not a mitigating factor and misunderstanding of release-date calculations is not an arguable ground for appeal.
21 Aug 2012

HKSAR v. WONG TSZ HIN

Citation

HKSAR v. WONG TSZ HIN
Court

Court of Appeal
Case number

CACC38/2012

The trial judge erred in ruling out Training Centre and Detention Centre orders for the 16-year-old offender; after obtaining appropriate reports the Court substituted the custodial sentence with a Training Centre Order as the appropriate disposal balancing rehabilitation and community protection.
30 Jul 2010

HKSAR v. CHU KWOK YUI

Citation

HKSAR v. CHU KWOK YUI
Court

Court of Appeal
Case number

CACC389/2009

The Court held that while the offence was very serious and required a deterrent sentence, the appropriate starting point for this single offence was 10 years (not 12), the applicant was entitled to the one-third discount for a guilty plea and a further modest reduction for age and clear record, resulting in a sentence of 6 years' imprisonment.
21 May 2009

HKSAR v. PHAM VAN THANG

Citation

HKSAR v. PHAM VAN THANG
Court

Court of Appeal
Case number

CACC21/2009

Because the nature of the weapon materially affected sentence and the factual dispute could not be resolved on submissions alone, the court conducted a Newton hearing, accepted the victims' evidence that a knife was used, applied the Mo Kwong-sang guidelines for robbery with a knife and dismissed the appeal while granting leave to appeal.
20 Mar 2009

HKSAR v. CHAN WING YAU

Citation

HKSAR v. CHAN WING YAU
Court

Court of Appeal
Case number

CACC352/2008

Given the aggravating features of two shop robberies within a year, use of a knife, invasion of private premises, physical violence to the victim, and the applicant's serious prior convictions, the court found the global starting point and the reduction for plea produced an aggregate sentence of 70 months that was not manifestly excessive; therefore leave to appeal against sentence was dismissed.
12 Jun 2008

HKSAR v. WONG SHUI MOUK

Citation

HKSAR v. WONG SHUI MOUK
Court

Court of Appeal
Case number

CACC239/2007

The judge did not err: she comprehensively considered aggravating and mitigating factors, properly concluded a formal starting point was unnecessary in this manslaughter case, and the 7-year sentence—reflecting pursuit of an unarmed man with a chopper and two forceful blows from behind—was justified and not excessive; therefore the application is dismissed.
21 Apr 2006

HKSAR v. GURUNG HEMANT

Citation

HKSAR v. GURUNG HEMANT
Court

Court of Appeal
Case number

CACC332/2005

The Court held the 4‑year sentence was not manifestly excessive nor wrong in principle given the brutal, premeditated gang attack with long‑bladed knives and serious injuries; the applicant's family bereavement did not amount to mitigation warranting reduction absent special circumstances.
8 Jun 2005

HKSAR v. KU KA CHUN

Citation

HKSAR v. KU KA CHUN
Court

Court of Appeal
Case number

CACC465/2004

The application for leave to appeal and the appeal against sentence fail because the grounds advanced are not arguable, the trial judge's acceptance of prosecution witnesses and factual findings (including possession of scissors) stands, and the sentence of four years is within the proper range given weapon use and the offender's 22 prior convictions.
17 Aug 2004

HKSAR v. NGUYEN VAN DONG

Citation

HKSAR v. NGUYEN VAN DONG
Court

Court of Appeal
Case number

CACC213/2004

Leave to appeal was refused because the trial judge correctly applied established sentencing guidelines (5-year starting point for robbery with a weapon followed by the usual one-third discount for a guilty plea) and there were no mitigating factors to justify interference with the sentence of 3 years 8 months.