Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bail and sentencing
  • 17 Dec 2002

    HKSAR v. LE VAN THO

    Citation
    HKSAR v. LE VAN THO
    Court
    Court of First Instance
    Case number
    HCMA947/2002

    The court held the magistrate was entitled to rely on the identified aggravating factors and that the starting point of nine months for charges 2 and 3 was not excessive, but the magistrate had double counted the on-bail aggravating factor by both increasing individual sentences and ordering them to run wholly consecutively; to avoid double counting and to respect the totality principle the sentence on the 1st charge was reduced to five months ten days and concurrency adjusted so the aggregate term became ten months imprisonment.