Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Aggravating factor: form 8 recognizance

Legal area

Court

28 Sept 2018

HKSAR v. GALVIS SILVA PAOLA ANDREA

Citation

[2018] HKCA 656
Court

Court of Appeal
Case number

CACC133/2018

Leave to appeal against sentence refused: the judge adopted appropriate starting points, correctly treated Form 8 status as aggravating, permissibly adjusted the guilty plea discount because of the applicant's failure to surrender, and applied limited humanitarian reduction for pregnancy; although the judge erred in not properly considering activation of a suspended sentence under s109C, that error did not render the overall sentence excessive.
31 Aug 2017

HKSAR v. MALIK KAMRAN

Citation

HKSAR v. MALIK KAMRAN
Court

Court of Appeal
Case number

CACC112/2017

The Court refused leave to appeal: the trial judge was entitled to infer unlawful trafficking from the proved facts (possession of 8g in a public place, implausible account of consumption and price, lack of lawful income); the sentencing starting point and 15% reduction for self-consumption were within judicial discretion; although failing to treat Form 8 status as an aggravating factor was an error, it did not provide a reasonable ground to disturb the sentence which was, if anything, unduly lenient.