9 Jun 2005
Judge erred in principle by failing to consider the common element between the identity-card offence and the unlawful remaining offence; absent aggravating features the sentence for using another's identity card must run concurrently with the sentence for unlawful remaining, thereby reducing the aggregate sentence by six months.
26 Jul 1996
Given the appellant's extensive record of repeated thefts the activation of the suspended sentence was not wrong in principle and a five‑month starting point was not manifestly excessive, but applying the totality principle to the sentences then known would have produced an excessive aggregate; therefore the appellate court allowed the appeal in part and ordered three months of the five to run concurrently so that the total effective sentence became six months.
28 Jul 1994
Under s.37C(1) Immigration Ordinance the correct sentencing framework is: a five year starting point for the captain/person in charge and for those who actively organized the illicit voyage; a four year starting point for crew members simpliciter; aggravating accretions (eg concealment endangering passengers, unseaworthiness) add to the starting point but apply to non-captain crew only if they actively participated in those aggravating circumstances; particulars should identify any person alleged to be captain; youth merits limited discount and does not justify substantial departure from the…
2 Sept 1993
The 18 month sentence for pickpocketing was manifestly excessive; the correct approach is to adopt a normal starting point of about 15 months for this offence, then reduce for the guilty plea and mitigation (while noting previous convictions remove good character credit but do not justify increasing the sentence), resulting in a substituted sentence of 12 months imprisonment.
7 Jul 1992
Given the applicant's guilty plea and lack of previous convictions and the absence of involvement in the theft itself, the three year sentence was excessive; the appropriate disposition was to grant leave to appeal and reduce the sentence to two and a half years while affirming that deterrent sentences for theft and handling of high value vehicles are justified.