Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissible facts in sentencing
  • 21 Aug 2025

    HKSAR v. MA CHE HOU

    Citation
    [2025] HKCA 651
    Court
    Court of Appeal
    Case number
    CACC242/2024

    Leave to appeal was granted because the appeal raises an arguable and significant question whether the sentencing judge erred by treating admitted facts of human trafficking that went beyond the particulars of the conspiracy to defraud as aggravating material determining the starting point of 7 years; the issue requires full appellate determination on whether such facts may be treated as part of the crime for sentencing and whether the conspiracy charge properly reflected the criminality alleged.