Hong Kong Case Law: Decisions & Judgments

Topic

Assistance to prosecution discount

Legal area

Court

9 Jul 2024

HKSAR v. CHAN YAT WAH

Citation

[2024] HKCA 391
Court

Court of Appeal
Case number

CACC154/2023

Extension of time to bring the leave application was granted; the Court upheld the Judge's notional starting point and the three‑month uplift for the latent risk/aggravating feature of multiple drugs but reduced the overall discount for assistance to 45% (incorporating the guilty plea discount) because of significant credibility issues and the acquittal of the co‑accused, thereby substituting the sentence of 8 years 8 months with 7 years 11 months; the Court held it lacked jurisdiction to review a forfeiture order made in separate proceedings and indicated the applicant may pursue relief unde…
19 Jun 2015

HKSAR v. MA SHUN YICK

Citation

HKSAR v. MA SHUN YICK
Court

Court of Appeal
Case number

CACC314/2012

Leave to appeal out of time granted; applicant entitled to a 50% discount from the appropriate starting point because he gave truthful and material post‑sentence assistance including witness evidence; the judge was right to adopt an 18‑year starting point given the applicant's active participation though not the mastermind; the original 11‑year sentence was quashed and replaced with 9 years imprisonment, with one year to run concurrently with the applicant's existing 5‑year sentence.
14 Dec 2000

HKSAR v. HUNG WAI PING

Citation

HKSAR v. HUNG WAI PING
Court

Court of Appeal
Case number

CACC576/1999

The court held that the deputy judge's starting point of 14 years was appropriate given the seriousness and aggravating features; the deputy judge was incorrect to give an additional discount for pre‑sentence custody beyond the standard one‑third guilty plea discount; however, the applicant's substantial assistance to the prosecution justified an overall reduction equivalent to 50% of the 14‑year starting point, producing a seven‑year term, and the appeal was allowed to reduce the nine‑year sentence to seven years.
5 Mar 1997

THE QUEEN v. FOK KWONG YEE

Citation

THE QUEEN v. FOK KWONG YEE
Court

Court of Appeal
Case number

CACC576/1996

The Court held the judge did not err: the four-year starting point for the conspiracy was justified given the seriousness and steps taken, the reductions for guilty pleas and cooperation were within judicial discretion given the applicant's bad record, and the aggregate six-year sentence was not manifestly excessive; accordingly leave to appeal against sentence was dismissed.

Hong Kong Case Law

HKSAR v. CHAN YAT WAH

HKSAR v. MA SHUN YICK

HKSAR v. HUNG WAI PING

THE QUEEN v. FOK KWONG YEE